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1.0 


I.I 


1.25 


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^  N^    112.2 
If    |«    III  2.0 

*-    ..  — — ^ 

111= 

1.4    ill  1.6 


A 


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0  Coloured  covers/ 
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n 

□ 
n 

n 


D 


Covers  damaged/ 
Couverture  endommagee 

Covers  restored  and/or  laminated/ 
Couverture  restaur^e  et/ou  pelliculde 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

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I      I    Quality  of  print  varies/ 


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Ce  document  est  filmd  au  taux  da  reduction  indiqu6  ci-dessious. 


10X 

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26X 

30X 

1 

y 

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12X                            16X                            20X                            24X                            28X                            32X 

The  copy  filmed  here  has  been  reproduced  thanks 
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La  bibliothdqua  des  Archives 
publiques  du  Canada 


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beginning  with  the  front  cover  and  ending  on 
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sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — »>  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  netteti  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exem';>latres  originaux  dont  la  couverture  en 
papier  e^t  imprim^e  sont  film6s  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  emprointe 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmds  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernlftre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ►  signifie  "A  SUIVRE  ",  le 
symbole  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  6tre 
fiimds  d  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  cliche,  il  est  film6  A  partir 
de  Tangle  sup6rieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


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1 


JOHNS  HOPKINS  UNIVERSITY  STUDIES 

IN 

Historical  and  Political  Science 


HERBERT  B.  ADAMS,  Editor 


History  18  past  Politics  and  Politics  present  History- Frecnwn 


it 


FIFTH  SERIES 
V-VI 


Local  Government  in  Canada 


AN  HISTORICAL  STUDY 


By  JOHN  GEORGE  BOURINOT,  LL.  D. 

oflh,  muse  of  Oom,mns  of  Canada ;  Hom:^ani  Secretary  of  the  Royal  Society  of  Canada  etc. 
tTorT'pMameMaryPrac^^^^^^^  and  Procedure,  u^llh  an  Introductory  Acco^nU  oftke 
m,L  and  Gro,clh  of  Parlianu^ntary  InstUution.  U  tU  Domimon  of  Canada,    etc. 


Clerk 

Author 
Origin 


V    » 


BALTIMORE 

N.  MURRAY,  Publication  Agent,  Johns  Hopkins  University 

MAY  and  JUNE,  1887 


PRICE  FIFTY  CENTS 


^*«<^' 


/ 


/ 


irii*jmii«fi|<l|P!jfffV!gw»"' 


JOHNS  HOPKINS  UNIVERSITY  STUDIES 


Historical  and  Political  Science. 

Hekbert  B.  Adams,  Editor. 

NaiOm  tht  TIniTwalty  noi  Um  Sdttor  MfunM  MipMtiUU^  for  tha  vltwi  of  eontritalon. 

PROSPECTUS  OF  FI^TH  SERIES— 1887. 

The  Stadies  in  Municipal  Goverovaent  will  Ibe  continued.     The  following 
papers  are  ready  or  in  preparation : — 
I-II.    City  GoTerament  of  Philadelphia.   By  Edwabs  P.  Allinbok,  A.  H. 

(Haverford)  and  Bens  Pknrobx;,  A.  B.  (Harvard).    January  and  Febru* 

ary,  i887.    JFVtoe  50  cento.    72  pp. 

III.  City  GoTernment  of  Boston.    By  James  M.  Buobee.    March,  1887. 
JVtec  26  cents.    60  pp. 

IV.  City  Goyernment  of  St.  Louis.    By  Marshaix  S.  Snow,  A.  M.  (Har- 

vard), Professor  of  History,  Washington  University.    April,  1887.    Price 

25  eento.    40  pp. 
V^VI.    Local  Government  in  Canada.   By  John  Geoboe  Boubinot JJj.  D. 

Clerk  of  the  House  of  Commons  of  Canada.   May  and  Jun6, 1887.   JfViee  50 

canto.    72  pp.  ,; 

VII.    The  Influence  of  the  War  of  zSza  upon  the  ConsoUdiation  of  the 

Aqierican  Union.    By  Nichoias  Mvbbat  Butleb,  Ph.  D.  and  Fellow 

of  Colombia  College.    In  press. 
City  Gover  neut  of  Baltimore.     By  John  C.  Boss,  B.  L.  (University  of 

Maryland,  School  of  Law). 
City  Government  of  Chica^^o.    By  F.  H.  Hodb^b,  Ph.  M.  (University  of 

Mich.) ;  Instructor  in  History,  Cornell  University. 
City  Government  of  San  Francisco.   By  Bebnabd  Moses,  Ph.  D. ;  Professor 

of  History  and  Politics,  University  of  California. 
City  Government  of  New  Orleans.    By  Hon.  W.  W.  Howe. 
City  Government  of  New  York.    By  Simon  Stebne  and  J.  F.  Jameson 

Ph.  r .  Associate  in  History,  J.  H.  U. 
The  History  of  American  Political  Economy.  Studies  by  B.  T.  Ely,  Wood- 
bow  Wu^n,  and  D.  B.  I>ewey. 

FOURTH  SERIES.— Municipal  Goverament  and 
Land  Tenure.— 1886. 

I.  Dutch  Villif^  Communities  on  the  Hudson  River.    By  Ibyino  Ei/rnra, 

A.  B.  (Huvard).    iVtee  50  canto. 
II-III.  Town  Government  in  Rhode  Island.    By  W.  E.  Fosteb,  A.  M. 

(Brown).— The  Narragansett  Planters.     By  Eswabd  Channino, 

Ph.  D.  (Harvard).    JVice  50  cento. 

IV.  Pennsylvania  Boroughs.    By  Wiujam  P.  Hotxk)Mb,  Ph.  D.  (J.  H.  U.), 

Professor  of  History,  Swarthmore  College.    iVtee  60  cento. 

V.  Introdnctiox:  to  the  Constitutional  and  Political  History  of  the  indi- 

vidual States.    By  J.  F.  Jameson,  Phi  D.  and  Associate  in  History, 
J.H.U.    B'M  60  emls.  /i 

VI.  The  Puritan  Colony  at  AnnapoUs,  Maiyland.    By  Daniel  B.  Ban- 

ball,  FeUow  in  History  (J.  H.  U.).    JVteeSOcento. 
VII-VIII-IX.   Historv  of  the  Land  Question  in  the  United  States.    By 

Shosiikb  Saix),  Ph.  D.  and  Fellow  by  Courteqr,  J.  H.  U.   JVice  $1.00. 
Z.    The  Town  and  City  Government  of  New  Haven.    TChspters  VIII 

and  IX  flfom  Levermore's  "  Bepu?)lio  of  New  Haven."]    By  Chablh  H. 

Lbvebmobe,  Ph.  D.  (J.  H.  U.),  lustnottur  in  Histoiy,  Univeirity  of  Caii- 

fomia.JV>iee  60  cento. 

ZI-XII.    The  Land  System  of  the  New  Bnfflttnd  Colonies.    By  Mxl- 

vn.LE  EaxjBTON,  A.  H.  (WiUiims  CloUeg^  JVJee  6^ 


C^ 


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LOCAL  GOVERNMENT 


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CANADA 


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JOHNS  HOPKINS  UNIVERSITY  STUDIES 


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Historical  and  Political  Science 


HERBERT  B.  ADAMS,  Editor 


History  ia  past  Politics  and  Politics  present  History  — />e«»»an 


FIFTH  SERIES 


V-VI 


Local  Government  in  Canada 


AN   HISTORICAL  STUDY 


t 


By  JOHN  GEORGE  BOURINOT 

CUrk  of  the  House  of  Commons  of  Canada;  Honorary  Secretary  oftlte  Royal  Sociely  of  Canada,  etc. 

Author  of  "  Parliamentary  Practice  and  Procedure;  with  an  Introductory  Account  of  the 

Origin  and  Growth  of  Parliamentary  Institutions  in  the  Dominion  qf  Canada,"  etc. 


BALTIMORE 

N.  Murray,  Publication  Agent,  Johns  Hopkins  Univebsitt 

MAT  and  JUNE,  1887 


; 


1   ! 


nil     ■iiiiiiii»— — J^ 


^  "  /6  5i>" 


CopYHioHT,  1887,  BY  N.  Murray. 


JOHN  MUBPHT  A  CO.,  PRINTERS, 
BALTIUORE. 


TABLE  OF  CONTICNTS. 


I'AUK. 

I.     Introduction 7 

I!.    The  Frcndi  IWginie,  1608-1760 10 

III.  Lower  Canada,  1760-1840 20 

IV.  Upper  Canada,  1792-1840 HO 

V.    The  Maritime  Provincerf: — 

1.  Nova  Scotia 42 

2.  New  Brunswick 47 

3.  Prince  Edward  Island 51 

VI.    The  EstahliHlunent  of  Municipal  Institutions  in  the  Provinces 

of  the  Dominion 5") 

VII.    C'oncltision 66 

Appkndix; — 

Success  of  the  Municipal  System  of  Ontario 71 


1: 
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1 


LOCAL  GOVERNMENT  IN  CANADA.' 


"  Loonl  asseniMks  of  citi/.ons  constitute  the  8tr"nf,'th  of  free  nations. 
Miiiiinpal  institutions  are  to  liberty  wiiat  primary  schools  are  to  scienee; 
they  bring  it  witliin  llie  i)eople'H  reach;  tiiey  teacii  men  how  to  use  and 
liow  to  enjoy  it.  A  nation  may  estahlisii  a  sy.stem  of  free  {government,  but 
witiiout  the  spirit  of  nuuiicipal  institutions,  it  canni>t  have  tlie  spirit  of 
liberty."— De  TocquEViLLE,  Ikmomwj  in  Ammcu,  Vol.  I.  Ch.  v. 


I. — Introductory. 

I  ]irop(),se  to  give  in  this  paper  an  historical  review  of  the 
origin  and  gnmth  of  the  nnnii('i])al  system  of  Canada.  Sneh 
a  review  suggested  itself  to  me  after  a  eareful  perusal  of  the 
valnal)le  series  of  es.says  that  are  tippearing  from  the  press  of 
the  Johns  Hopkins  University  in  the  State  of  Maryland. 
These  studies  are  remarkable  for  the  information  they  give  on 
a  subject  to  which  historians  of  the  United  States  have 
hitherto  devoted  very  little  attention.  The  papers  that  htive 
already  been  published  with  respect  to  the  local  institutions  of 
Virginia,  of  Maryland,  and  of  the  New  England  States, 
enable  us  to  follow  step  by  step  the  progress  of  the  people  in 
self-government.  Under  the  conviction  that  a  similar  paper 
on  local  government  in  Canada  may  be  of  some  value  to 
students  of  political  science  in  the  absence  of  any  work  or 
treatise  hitherto  devoted  to  the  subject,  I  shall  endeavor  to 
evolve  out  of  a  chaos  of  old  documents,  statutes,  and  histories 


■  Kead  in  abstract  before  the  Koyal  Society  of  Canada,  27th  May,  1886. 

7 


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8 


Local  Goveiiiment  in  Canada. 


[182 


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such  facts  as  may  give  a  tolerably  accurate  idea  of  the  gradual 
development  of  those  local  institutions  on  which  must  always 
re.4,  in  a  great  measurO;  the  whole  fabric  of  popular  liberty. 

Such  a  subject  ought  to  be  interesting  to  every  Canadian, 
but  especially  to  the  historical  student.  The  former  may  care 
to  learn  somethinq;  of  the  history  of  those  institutions  which 
perform  so  important  a  part  in  the  economy  of  his  daily  life. 
The  latter  must  find  a  deeper  attraction  in  tracing  the  origin 
of  the  municipal  government  of  this  country  even  to  those 
ancient  institutions,  which,  very  many  centuries  ago,  kept 
'alive  a  spirit  of  lil)erty  among  our  English  forefathers  and 
among  the  German  nations.^ 

The  Dominion  of  Canada  now  extends  over  a  territory 
between  the  i^.tlantic  and  Pacific  Oceans,  almost  equal  in 
area  to  that  of  the  United  States.  Its  organized  divisions 
consist  of  the  provinces  of  Prince  Edward  Island,  Nova 
Scotia,  New  Brun&wick,  Quebec,  Ontario.  Manitoba,  and 
British  Columbia,  each  of  which  possesses  a  very  liberal 
system  of  representative  government.  Every  province  has  a 
lieutenant- Governor,  appointed  by  the  government  of  the 
Dominion,  and  a  Legislature  composed  in  Nova  Scotia,  New 
Brunswick  and  Quebec,  of  a  Legislative  Council  nominated  by 
the  Crown,  and  of  a  Legislative  Assembly  elected  by  the  people 
Oil  a  very  liberal  franchise.  In  Manitoba,  British  Columbia, 
and  Ontario  there  is  no  Second  Chamber,  while  in  Prince 
Edwaid  Island  that  body  is  elected  by  the  people.  The 
Northwest  Territories,  which  extend  from  Manitoba  to  the 


'"The  origin  of  local  government  in  England,  like  that  of  our  civil 
liberty,  must  be  sought  in  the  primitive  but  well-ordered  communities  of  our 

yaxon  fortfathei-s The  German  nations,  as  described  by  Caesar  and 

Tacitus,  were  nothing  but  associations  of  self-governed  villages,  or  larger 
districts,  occupied  by  separate  families,  or  clans,  among  whom  there  was 
not  even  the  shadow  of  a  conmion  national  allegiance,  except  for  the 
purpose  of  war.  Such  was  the  organization  of  the  Saxons,  Jutes  and 
Angles,  when  they  f.rst  settled  in  England."— Cobden  Club  Essays,  1875, 
Local  Government  in  England,  by  Hon.  G.  C.  Brodrick,  p.  3. 


■ 


[182 


183] 


Local  Govei'iiment  h  Canada. 


frontier  of  British  Columbia — territories  out  of  wliieh  may  bo 
formed  many  Stiites  as  large  and  fertile  as  Minnesota — are  as 
yet  divided  into  mere  territorial  districts,  over  which  preside  a 
Lieutenant-Governor,  ai)pointed  by  the  Ottawa  Government, 
and  a  Council,  partly  nominated  by  the  Crown,  and  partly 
elected  by  the  people.  In  all  of  the  provinces,  as  well  as  in 
the  principal  settlements,  villages,  and  towns  of  the  North- 
west, now  exists  a  system  of  municipal  institutions  which  are 
the  growth  of  the  experience  of  the  past  forty  years,  since  the 
people  of  the  old  provinces  of  Canada  have  grown  in  popula- 
tion and  wealth,  and  have  fully  recognizal  the  necessity  of. 
managing  their  purely  municipal  and  local  affairs  in  councils 
elected  by  themselves.  These  municipal  institutions  are  the 
creation,  and  are  under  the  jurisdiction,  of  the  Provincial 
liCgislatures,  in  accordance  with  the  constitution,  known  as 
the  British  North  Americxi  Act,  1867,  which  gives  the  control 
of  aU  general  national  aifairs  to  the  Federal  Government,  and 
the  administration  of  all  lo(;al  matters  to  the  liCgislatures  of 
the  provinces.  As  the  municipal  institutions  of  Canada,  in 
tlfe  first  instance,  owe  their  existence  to  statutory  enactments 
of  the  Legislatures  of  the  provinces,  so  they  can  be  amended 
only  by  the  authority  of  the  same  superior  bodies. 

The  political  history  of  Canada  may  be  divided  into  three 
important  epochs.  First  of  all,  there  was  the  era  of  the 
French  lleglme  whicl  lasted  for  about  a  century  and  a  half, 
from  the  3rd  of  July,  1(J08,  when  Champlain  established  his 
seat  of  government  on  the  picturesque  heights  of  (Quebec, 
until  1760,  when  France  gave  up  the  contest  with  England 
for  the  supremacy  on  the  Continent  of  America.  Then  came 
the  period  from  1760  to  1840,  Avhen  the  provinces  slowly 
increased  in  population  under  British  Rule,  and  gained 
valuable  experience  in  the  working  of  representative  institu- 
tions. Then  followed  the  important  and  interesting  period 
from  1840  to  1867,  when  the  ])olitical  liberties  of  the  people 
were  enlarged,  and  they  were  given  responsible  government  iii 
the  full  sense  of  the  term.    Since  1867,  the  various  provinces, 


lii 


10 


Local  Government  in  Canada. 


[184 


united  as  the  Dominion  of  Canada,  have  entered  on  a  fourth 
era  pregnant  mth  promise. 


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II.— The  French  RI^gime,  1608-1760. 

Durins:  the  davs  of  French  domination  in  Canada,  we  look 
in  vain  for  evidences  of  self-government  in  any  form,  such  as 
we  see  in  the  town-meetings  of  Massachusetts  and  in  the 
counties  and  parishes  of  Virginia,  or  in  other  local  divisions 
of  the  old  English  colonies  in  America,  in  all  of  which  we 
can  see  the  germs  of  liberty  and  free  institutions  from  the 
earliest  days  of  their  history.     The  system  of  government 
that  was  established  on  the  banks  of  the  St.  Lawrence  was  the 
very  opposite  of  that  to  which  the  people  of  New  England 
always  dung  as  their  most  valued  heritage.   While  the  towns- 
folk of  Massachusetts  were  discussing  affairs  in  town-meetings, 
the  French  inhabitants  of  Canada  were  never  allowed  to  take 
part  in  public  asserablies,  but  were  taught  to  depend  in  the 
most  trivial  matters  on  a  paternal  government.     Canada  was 
governed  as  far  as  possible  like  a  province  of  France.     In  the 
early  days  of  the  colony,  when  it  was  under  the  rule  of  mere 
trading  companies  chartered  by  the  King,  the  Governors  prac- 
tically exercised  arbitrary  power,  with   the  assistance  of  a 
Council  chosen  by   themselves.     Eventually,   however,  the 
the  King,  by  the  advice  of  the  great  Colbert,  took  the  govern- 
ment of  the  colony  into  his  own  hands,  and   appointed  a 
Governor,  an  Intendant,  and  a  Supreme  or  Sovereign  Council 
to  administer  under  his  own  direction  the  affairs  of  the  country. 
The  Governor,  who  was  generally  a  soldier,  was  nominally  at 
the  head  of  affairs,  and  had  the  direction  of  the  defences  of  the 
colony ;  but  to  all  intents  and  purposes,  the  Intendant,  who 
was  a  man  of  legal  attainments,  had  the  greatest  influence  in 
many  ways.     He  had  the  power  of  issuing  ordinances  which 
had  the  effect  of  law,  and  in  the  words  of  his  commission  "  to 
order  c  erything  as  he  shall  see  just  and  proper."    An  exami- 
nation jf  these  ordinances  proves  conclusively  the  arbitrary 


JS^ 

^(h^ 


'-ijummmm^'mmu-''^' 


'■^i 


185] 


Local  Government  in  Canada. 


11 


and  despotic  nature  of  tlie  government  to  which  the  people 
were  subject,  and  the  care  that  was  taken  by  the  authorities  to 
give  them  as  little  liberty  as  possible  in  the  management  of 
those  local  matters  over  which  the  inhabitants  of  the  British 
colonies  exercised  the  fullest  control.  These  ordinances  regu- 
lated inns  and  markets,  the  building  and  repairs  of  churches 
and  presl)yteries,  the  construction  of  bridges,  the  maintenance 
of  roads,  and  all  those  matters  which  could  affect  the  comfort, 
the  convenience,  and  the  security  of  the  community.' 

It  is  interesting  to  notice  how  every  eifort  that  was  made 
during  the  continuance  of  the  French  rule,  to  asse»nble  the 
people  for  public  purposes,  and  give  them  an  opportunity  of 
taking  an  interest  in  public  questions,  was  systematically 
crushed  by  the  orders  of  the  government  in  accordance  with 
the  autocratic  spirit  of  French  monarchy.  The  first  meeti'ig 
of  the  inhabitants  was  called  on  the  18th  of  August,  1621,  by 
Champlain,  in  Quebec,  for  the  purpose  of  getting  up  a  petition 
to  the  King  on  the  affairs  of  Canada.^  But  this  was  a  very 
exceptional  event  in  the  history  of  the  colony.  A  public 
meeting  of  the  parishioners  to  consider  the  cost  of  a  new 
church  could  not  be  held  without  the  special  permission  of  the 
Intendant.  It  was  the  custom  in  the  early  days  of  the  colony 
to  hold  public  meetings  in  Quebec  under  the  chairmanship  of 
members  of  the  Sovereign  Council  for  the  purpose  of  discussing 
the  price  and  quality  of  bread  and  the  supply  of  firewood. 
"Such  assemblies,  so  controlled,"  says  Parkman,  "could 
scarcely,  one  would  think,  wound  the  tenderest  susceptibilities 
of  authority;  yet  there  was  an  evident  distrust  of  them,  and 
after  a  few  years  this  modest  shred  of  self-2;overnment  is  seen 


no  more. 


»3 


• "  Les  reglemens  de  police  et  les  affaires  municipales  ^taient  aiissi  du 
domaine  du  gouverneur  et  de  sen  conseillers." — Doutre  et  Lareau,  HiHtoire 
Gendrale  du  Droit  Canadicn,  i.  37.  See  also  Ferland,  Histoire  du  Canada, 
i.  365. 

•Doutre  et  Lareau,  pp.  13,  14. 

■Parkman's  Old  K^gime  in  Canada,  pp.  ii»u,  *.ol. 


— ■ 


12 


Loccd  Government  in  Canada. 


[186 


It 


ff 


! 


U; 


i! 


ill 


We  have  a  striking  illustration  of  the  arbitrary  policy  pur- 
sued toward  the  colony  by  the  King  and  Ins  Ministers  in  the 
action  they  took  with  reference  to  an  attempt  made  by  Count 
de  Frontenac  in  1672  to  assemble  the  different  orders  of  the 
colony — the  clergy,  the  noblesse  or  seigneurs,  the  judiciary  and 
the  third  estate,  in  imitation  of  the  old  institutions  of  France. 
He  compelled  the  estates  of  Canada,  as  he  called  them,  to  take 
the  new  oath  of  allegiance  before  a  great  assemblage  of 
persons.  The  French  King  did  not  long  leave  the  haughty 
Governor  in  doubt  as  to  his  opinion  of  this  innovation  on  the 
policy  laid  down  for  the  government  of  the  colony.  "  The 
assembling  and  division  that  yon  have  made,"  wrote  Colbert, 
"  of  all  the  inhabitants  of  the  country  into  three  orders  or 
estates  with  th;  >i  ct  of  administering  to  them  the  oath  of 
allegiance  might  have  some  effect  for  the  moment;  but  it  is 
well  to  consider  that  you  should  always  observe  in  the  admin- 
istration of  public  affairs  those  forms  which  are  followed  here 
and  that  our  kings  have  deemed  it  inexpedient  for  a  long  time 
past  to  av«send)le  the  States-General  of  their  kingdom,  with 
the  view  perhaps  of  destroying  the  ancient  system.  Under 
these  circumstancos  you  should  very  rarely,  and  in  fact  it 
would  be  better  if  you  should  never,  give  this  form  to  the 
people  of  the  country.  It  will  be  advisable,  even  after  a  while, 
when  the  colony  is  more  vigorous  than  at  present,  to  suppress 
by  degrees  the  syndic  who  presents  petitions  in  the  name  of 
the  inhabitants,  as  it  seems  better  that  everyone  should  speak 
for  himself,  and  no  one  for  all." ' 

The  history  of  the  officer  just  named,  the  syndic,  of  itself 
gives  us  some  striking  evidence  of  the  stern  determination  of 
the  government  to  stamp  out  every  vestige  of  popular  institu- 
tions, however  insignificant  it  might  be.  The  si/ndics  d'habi- 
tations  are  said  to  have  been  originally  constituted  by  Colbert 
to  act  as  municipal  officers  appointed  by  the  people  of  the 


•  Doiitre  et  Lareau,  pp.  ItJO,  170;  Chauveau,  Notice  sur  la  publication  des 
Bdgistres  du  Conseil  tSouverain,  etc.,  p.  3i. 


-tit 


;\. 


!:ji!»«i*iaw««T'«i{J-. 


187] 


LoG(il  Government  in  Qinada. 


13 


c>/.  to  preserve  public  riglits.  The  references  to  tliese  func- 
tionaries in  the  history  of  those  times  are  very  vague :  they 
appear  to  have  existed  in  Quebec,  Montreal,  and  Three  Rivers 
in  1647,  but  they  ceased  to  exist  by  1661.  The  government 
was  determined  to  have  no  town-meetings  or  municipal  officers 
in  the  province  of  Quebec.  In  1663,  a  meeting  of  the  citizens 
of  Quebec  was  called  by  the  Supreme  Council,  on  the  requisi- 
tion of  the  Attorney -General,  to  elect  a  Mayor  and  two  Alder- 
men for  that  town.  The  people  accordingly  chose  Jean- 
Baptiste  Legardeur,  Sieur  de  llepentigny,  for  Mayor,  and 
Jean  Madry  and  Claude  Charron  for  Aldermen ;  but  these 
persons  soon  rc-'gned  in  consequence,  it  is  well  understood,  of 
the  influence  brought  to  bear  upon  them  by  the  authorities. 
They  declared  that,  having  regard  to  the  smallness  of  the 
population,  it  w^nld  be  better  to  appoint  a  syndic.  The  first 
election  held  for  this  purpose  was  annulled,  and  another,  called 
irregularly  by  the  Governor,  made  a  nomination.  It  appears 
that  the  Bishop,  Monseigneur  de  Laval,  a  haughty,  determined 
man,  who  proved  himself  during  his  memorable  career  in 
Canada  a  true  descendant  of  the  great  house  of  Montmorency, 
was  opposed  to  the  action  taken  in  this  matter,  and  his  friends 
in  the  council  protested  against  the  swearing  in  and  installation 
of  the  syndic.  The  Governor,  M.  de  Mezy,  took  upon  himself 
to  suspend  the  obstinate  councillors,  and  consequently  com- 
mitted a  violation  of  the  royal  instructions,  for  he  had  no 
power  of  appointing  these  functionaries  without  the  consent  of 
the  Bishop,  or  of  dismissing  or  suspending  them  at  his  own 
discretion.^  Without  dwelling  further  on  these  official  squab- 
bles, frequent  enough  in  those  times,  it  is  only  necessary  to 
add  that  the  sequel  was  that  the  country  heard  no  more  of 
attempts  to  establish  even  a  semblance  of  popular  representa- 
tive government  in  the  towns  of  Canada.  The  policy  of  the 
King  and  his  advisers  was  detcrminately  antagonistic  to  such 


■Chauveaii,  pp.  24-30;  Garneau,  i.  179,  180;  Parkuian's  Old  Regime,  p. 
281 ;  Doutre  et  Lareau,  p.  129. 


IT 


I 


11 


m 


'■'■If 


14 


Local  Government  in  Canada. 


[188 


ijm 


institutions.  "  It  is  of  great  consequence,"  wrote  IMeules  to 
the  minister  in  168o,  "not  to  give  any  liberty  to  the  people 
to  express  their  opinions." ' 

The  administration  of  local  affairs  was  exclusively  under  the 
control  of  the  King's  officers  at  Quebec.  As  I  have  already 
shown,  the  ordinances  of  the  Intendant  and  of  the  Council 
were  the  law.  The  local  or  territorial  divisions  of  the  colony 
had  no  connection,  as  did  the  townships,  parishes,  and  counties 
of  the  English  colonies  in  America,  with  the  local  affaire  of  the 
people.  The  country  was  subdivided  into  the  following  divi- 
sions for  purposes  of  government,  settlement,  and  justice  :'^ 

1.  Districts. 

2.  Seigniories. 

3.  Parishes. 

The  districts  were  simply  established  for  judicial  and  legal 
purposes,  and  each  of  them  bore  the  name  of  the  principal 
town  witliin  its  limits,  viz :  (Quebec,  also  called  the  Prevofe  de 
Quebec,  Montreal,  and  Three  Rivers.  In  each  of  these  dis- 
tricts there  was  a  judge,  appointed  by  the  King,  to  adjudicate 
on  all  civil  and  criminal  matters.  An  appeal  was  allowed  in 
the  most  trivial  cases  to  the  Supreme  or  Superior  Council, 
which  also  exercised  original  jurisdiction.^ 

The  greater  part  of  Canada  was  divided  into  large  estates 
or  seigniories,  which  were  held  under  a  m()difie<l  system  of 
feudal  tenure,  established  by  Richelieu  in  1627,*  with  the  view 
of  creating  a  colonial  aristocracy  or  noblesse,  and  of  stimulating 
settlement  in  a  wilderness.  By  this  system,  which  lasted  until 
18oV  lands  were  as  a  rule  held  immediately  from  the  King 


'  Meules  au  Ministre,  1685. 

*  Bouchette,  A  Topographical  Description  of  the  Province  of  Lower  Can- 
ada, etc.,  pp.  86,  87. 

'  Doutre  et  Lareau,  p.  130. 
*Giirneau,  i.  171. 

*  It  was  abolished  after  many  years  of  agitatiou  by  18  Vict.,  c.  3. 


tyv. 


fiiii 


189] 


Local  Govo'nment  in  Canada. 


15 


en  fief  or  en  roiure.  The  seignior,  on  his  accession  to  the  estate, 
was  required  to  pay  homage  to  the  King,  or  to  his  feudal 
superior  in  case  the  huids  were  granted  by  another  than  the 
King.'  The  seignior  received  his  land  gratuitously  from  the 
crown,  and  granted  them  to  his  vassals  who  were  generally 
known  as  habitants  or  cultivators  of  the  soil.  The  habitcnt  or 
censitaire  held  his  property  by  the  tenure  of  en  censive,  on  con- 
dition of  making  annual  payments  in  money  or  produce  known 
as  cena  et  rente,  which  were  ridiculously  small  in  the  early 
time^  of  the  colony.^  He  was  obliged  to  grind  his  corn  at  the 
seignior's  mill  {rnouUn  banal^),  bake  his  bread  in  the  seignior's 
oven,  give  his  lord  a  tithe  of  the  fish  caught  in  his  waters,  and 
comply  with  other  conditions  at  no  time  onerous  or  strictly 
enforced  in  the  days  of  the  French  regime.  The  land  of  the 
censitaire  went  to  his  heirs,  but  in  case  he  sold  it  during  his 
lifetime,  one-twelfth  of  the  purchase  money  was  given  under 
the  name  of  tods  et  ventes  to  the  seignior.  In  case  the  latter  at 
any  time  transferred,  by  sale  or  otherwise,  his  seigniory — 
except  of  course  in  the  event  of  natural  hereditary  succession 
— he  had  to  pay  a  quint  or  tifth  part  of  the  whole  purchase 
money  to  his  feudal  superior,  but  he  was  allowed  a  retluction 
(rabat)  of  two-thirds  when  the  money  was  paid  down  innue- 
d  lately.* 

The  system,  irreconcllnble  as  it  is  with  our  modern  ideas  of 
free  settlement,  had  some  advantages  in  a  new  country  like 


'  Parkman,  p.  245, 

'Haifa  sou,  and  half  a  pint  of  wheat,  or  a  few  live  capons,  wheat,  and 
eggs,  wonld  represent  the  cens  et  rente  for  each  arpent  in  early  days.  Park- 
man's  Old  Regime,  p.  249. 

'The  government  appear  to  have  rigidly  enforced  the  seignior's  rights  in 
the  case  of  the  moulin  barud.  For  instance,  in  170G,  the  Intendant  issued 
an  ordinance  forbidding  the  Dame  de  La  ForC't  from  turning  her  mill  in  the 
county  of  St.  Laurent  while  there  was  a  moulin  banal  in  that  place.  Doutre 
et  Lareau,  p.  237. 

*  For  a  succinct  description  of  the  main  features  of  the  seigniorial  tenure, 
see  Parkuan's  Old  K^gime,  ch.  15;  Ganieau,  i.  171-174. 


ii 

■n 


m 


h 


i}f 


16 


Local  Government  in  Canada. 


[190 


Canada,  where  the  government  managed  everything  and  colo- 
nization was  not  left  to  chance.  The  seignior  was  obliged  to 
cnltivate  his  estate  at  the  risk  of  forfeiture — and  many  estates 
were  from  time  to  time  resumed  by  the  crown — and  conse- 
quently it  was  absolutely  necessary  that  he  should  exert  him- 
self to  bring  settlers  upon  his  lands.  The  conditions  of  the 
tenure  were  in  early  times  so  trivial  as  not  to  burden  the 
settler.  Tiie  obligation  of  the  censitaire  to  grind  his  corn  in 
the  seignior's  mill  was  an  advantage,  since  it  insured  him  the 
meyns  of  j)roeuring  bread,  which  it  would  have  been  otherwise 
difficult  to  find  in  a  country  where  there  was  neither  money 
nor  enterprise.  The  seigniories  were  practically  so  many  terri- 
torial divisions  where  the  seigneur  was  master  and  adviser  to 
his  censitaires.  He  had  the  right  of  dispensing  justice  in  cer- 
tain cases,  though  this  was  a  right  he  very  rarely  exercised.^  As 
respects  civil  affairs,  however,  both  lord  and  vassal  were  to  all 
intents  and  purposes  on  the  same  footing,  for  they  were  equally 
ignored  in  matters  of  government. 

In  the  days  of  the  French  regime,  the  only  towns  for  many 
years  were  Quebec,  Montreal,  and  Three  Rivers.  Villages 
were  but  slow  in  growth,  despite  the  efforts  of  the  government 
to  encourage  them.  In  remote  and  exposed  places — like  those 
on  the  Richelieu,  where  officers  and  soldiers  of  the  Carignan 
regiment  had  been  induced  to  settle — palisaded  villages  had 
been  built;  but  in  the  rural  parts  of  the  province  generally, 
the  people  appear  to  have  considered  their  own  convenience. 
The  principal  settlements  were,  in  the  course  of  time,  estab- 
lished on  the  banks  of  the  St.  Lawrence  from  Quebec  to  Mon- 
treal. The  people  chose  the  banks  of  the  river,  as  affording 
them  in  those  days  the  easiest  means  of  intercommunication. 
As  the  lots  of  a  grant  en  ccnsive  were  limited  in  area — four 
arpents  in  front  by  forty  in  depth — the  farms  in  the  course  of 


•  Tlie  seigniors  rarely  exercised  their  judicial  rights ;  the  Seminary  of  St. 
Siilpice  was  almost  the  only  one  to  do  so;  the  Council  exercised  superior 
jurisdiction  in  all  cases.    Doutre  et  Lareau,  pp.  133,  305. 


■I  I 


t  i 


.\, 


liS!imWii®-«JV«'s«K* 


[190 


191] 


Local  Government  in  Canada. 


17 


time  assumed  the  appearance  of  a  continuous  settlement  on  the 
river.  These  various  settlements  became  known  in  local 
phraseology  as  CYdcs,  apparently  from  their  natural  situation 
on  the  banks  of  the  river.  This  is  the  derivation  of  C6te  des 
Neiges,  Cote  St.  Louis,  Cote  St.  Paul,  and  of  many  picturesque 
villages  in  the  neighborhood  of  Montreal  and  (^uelKJc.' 

The  parishes  were  established  for  ecclesiastical  purpos(>s,  and 
were  grouped  on  each  side  of  the  St.  liawrence  and  Richelieu. 
Ti'oir  extent  was  exactly  define  in  September,  1721,  by  a 
regulation  made  by  Messieurs  de  Vaudreuil  and  Begon,  assisted 
by  the  Bishop  of  Quebec,  and  confirmed  by  an  ArrM  du  Con- 
seil  of  the  2nd  of  March,  1 722.^  These  parishes  are  constantly 
referred  to  in  the  ordinances  of  the  Su[)erior  Council,  in  con- 
nection with  the  administration  of  local  affairs.  In  the  par- 
ishes, the  influential  men  were  the  Ciire,  the  seignior,  and  the 
captain  of  the  militia.^  The  seignior,  from  his  social  position, 
exercised  a  considerable  weight  in  the  community,  but  not  to 
the  degree  that  the  representative  of  the  Church  enjoyed. 
From  the  earliest  time  in  the  history  of  the  colony,  we  find 
the  Roman  Catholic  Church  exercising  a  dominant  influence — 
an  influence,  it  must  be  admitted,  discreetly  and  wisely  used 
for  the  welfare  of  the  i>eople  committed  to  its  spiritual  care. 


ii 


» Parkman's  Old  Regime,  p.  234. 

'  Edits  et  Ordonnances,  i.  443.  Doutre  et  Lareaii,  pp.  259,  260.  Bou- 
chette's  Canada,  p.  86. 

'"The  most  important  persons  in  a  parish  were  the  cur^,  the  seignior, 
and  the  militia  captain.  The  seignior  had  his  bench  of  honor  in  t  he  chnrch. 
Immediately  behind  it  was  the  bench  of  the  militia  captain,  whose  duty  it 
was  to  drill  the  able-bodied  men  of  the  neighborhood.  .  .  .  Next  in  honor 
came  the  local  judge,  if  any  there  was,  and  the  church  wardens."  Parkman's 
Old  Regime,  p.  387.  The  precedence  in  church  and  processions  was  regu- 
lated by  ordinance.    See  Doutre  et  Lareau,  p.  242. 

*  "  Lower  Canada  had,  when  we  received  it  at  the  conquest,  two  institu- 
tions which  alone  preserved  the  semblance  of  order  and  civilization  in  the 
community — the  Catholic  Church  and  the  militia,  which  was  so  constituted 
and  used  as  partially  to  supply  the  want  of  better  civil  institutions." — Lord 
Durham's  Report,  p.  'SI. 

2 


r 


— , 


18 


Local  Gcvemment  in  Canada. 


[192 


ili'^ 


Next  to  tho  cui'6  in  importance  was  tlio  captain  of  militia, 
who  was  exceed ittfrly  useful  in  the  alwence  of  civil  authorities 
in  carrvitifif  out  the  orders  and  instructions  of  the  Government 
in  the  parishes.  The  whole  province  was  formed  into  a 
militia  district  so  tliat,  in  times  of  war,  the  inhabitants  might 
be  oblit^ed  to  ])erform  military  service  under  tho  Froticli 
Governor.  In  times  of  peace,  these  militia  officers  executed 
the  orders  of  the  Governor  and  Intendant  in  all  matters 
affecting  the  King.  A  captain  was  apjiointed  for  each  parish, 
and  in  some  of  the  larger  divisions  there  were  two  or  three.* 

By  »*efcrence  to  the  numerous  ordinances  of  the  Intendant, 
we  can  see  pretty  accurately  how  such  local  matters  as  the 
construction,  maintenan(;e  and  repair  of  roads  and  bridges 
were  nuuiaged  in  the  seigniories  and  parishes.  In  case  it  was 
considered  necessary  to  build  a  church  or  presbytery,  the 
Intendant  authorized  the  habitants  to  assemble  for  the  purpose 
of  choosing  from  among  themselves  four  persons  to  make, 
with  the  cure,  the  seignior,  and  the  captain  of  the  militia,  an 
estimate  of  tiie  expense  of  the  structure.  It  was  the  spet^ial 
cjtre  of  the  captain  of  the  militia  to  look  after  the  work,  and 
see  that  each  parishioner  did  his  full  share.'^  It  was  only  in 
church  matters,  in  fact,  that  the  people  of  a  parish  had  a 
voice,  and  even  in  these,  as  we  see,  they  did  not  take  the 
initiative.  The  Quebec  authorities  must  in  all  such  cases  first 
issue  an  ordinance. 

All  the  roads  and  bridges  of  the  colony  were  under  the 
supervision  of  tha  gi'and  voyer,  or  superintendent  of  highways, 
appointed  by  the  King.  We  find  in  the  proceedings  of  the 
Council  on  the  1st  of  February,  1706,  the  regulations  which 
governed  this  important  officer  in  the  discharge  of  his  duties. 
He  was  obliged  to  visit  all  the  seigniories  at  certain  times  of 
the  year  and  make  provision  for  the  highways  wherever  neces- 
sary.    The  roads  and  other  local  improveraentt,  were  con- 


•  Dontre  et  Lareau,  p.  136. 

*  Edits  et  ordonnances,  ii.  295. 


i 


'■•mmmm^ 


193] 


IjOCoI  Government  in  Canada, 


19 


fitrnctcd  after  conHultntion  with  tho  jimpriotors  of  latids  nnd 
the  most  rcsponsihlL'  jk-Tsohs  of  the  phicc,  at  the  expciiHe  of  the 
people  Immediately  interested.  All  the  wcrk  \\;\s  performed 
iiiuler  the  direction  of  the  captain  i'>^  militia  in  the  parish.' 

The  position  of  the  peoi)le  in  Freneh  ('anada  for  a  eentnry 
and  a  half  has  been  tersely  set  forth  by  the  \\riters  to  whom 
we  have  freqnently  r^'ferred  :  "  Without  edncalion,  withont  an 
opportunity  of  taking;  j)art  in  public  attairs,  without  an 
interest  in  the  public  oflices,  all  of  which  were  filled  up  by 
persons  sent  out  by  the  (Jovernment,  the  Canadian  p(!ople 
wore  obliged  to  seek,  in  the  clearing  of  the  forest,  in  the  culti- 
vation of  the  Held,  in  the  chase  and  in  adventure,  the  means 
of  livelihood,  an<l  hardly  ever  busied  themselves  with  public 
matters.  Sometimes  they  thought  they  were  becoming  'a 
people 'on  this  cnntinont,  \  might  acquire  a  larger  degree 
of  liberty,  but  all  such  aspiratious  were  promptly  checkwl  by 
the  governor,  the  intendant  and  the  bishop,  in  obedience  to 
the  instructions  of  the  King.  No  social  union  existed  between 
the  people,  no  guarantees  for  civil  liberty  were  ever  established. 
On  every  occasion  the  people  were  taught  to  have  no  ambition 
for  ci/il  power,  or  for  a  share  in  public  business.  Reduced  at 
last  to  a  state  of  passive  obedience,  they  accepted  the  orders 
and  edicts  of  the  King  withont  a  murmur."^ 

It  is  easv  to  understand  that  the  result  of  this  iiutooratic, 
illiberal  system  of  government  was  complete  social  and  politi- 
cal stagnation.^    It  was  not  until  the  people  of  French  Canada 


•  Edits  et  ordonnances,  ii.  135. 

*  Doutre  et  Larean,  p.  308. 

^"Tlie  institutions  of  France,  during  the  period  of  tlie  colonization  of 
Canada  were,  perhaps,  more  than  those  of  any  other  European  nation, 
calculated  to  repress  tlie  intelligence  and  freedom  of  the  great  mass  of 
the  people.  These  institutions  followed  the  Canadian  colonist  across  the 
Atlantic.  The  same  central,  ill-organized,  unimproving  and  repressive 
despotism  extended  over  him.  Not  merely  was  he  allowed  no  voice  in  the 
government  of  the  province,  or  the  choice  of  his  rulers,  but  he  was  not 
even  permitted  to  associate  with  his  neighbors  for  the  regulation  of  those 
municipal  affairs  which  the  central  authority  neglected  under  the  pretext 
of  managing."    Lord  Durham's  Report,  p.  9. 


"1 


III 


20 


Local  Government  in  Canada, 


[194 


had  boon  for  many  yoiiiN  uiuler  a  British  systom  of  govorn- 
mont,  that  thoy  awoki?  to  the  full  ('oiiHt'iou.siHHs  of  their  rightn, 
atid  l)0};aii  to  tako  that  praotioal  interest  in  publio  afl'airs  which 
was  the  best  evidence  of  their  iiuTcased  intelligence. 


ITT.— Low^ER  Canada,  17G0-1840. 

For  throe  years  after  the  con(iuest  of  Canada,  the  government 
was  in  tlie  hands  of  military  chiefs  who  had  their  headquarters 
at  Quebec,  Montreal,  and  Three  Rivers,  the  chefo  licux  of  the 
three  departments  into  which  General  Andierst,  the  first  Eng- 
lish (lOvcrnor-General,  divided  the  new  province.  During 
this  military  regime  the  people  as  a  rule  settltnl  their  difficulties 
among  themselves,  and  did  not  resort  to  the  military  tribunals 
which  were  established  to  administer  law  throughout  the  con- 
quered territory.'  In  1703,  King  George  III.  established  four 
new  governments  in  America,  viz.:  Quebec,  East  Florida, 
West  Florida,  and  Grenada.  For  nearly  thirty  years,  the 
people  of  the  government  of  Quebec  were  not  represented  in 
a  Legislature,  but  were  governal  up  to  1774  by  a  Govcrnor- 
(Joiieral,  and  an  Executive  Council,  composed  in  the  first 
instance,  of  the  two  Lieutenant-Governors  of  Montreal  and 
Three  Rivers,  of  the  Surveyor-General  of  Customs,  and  of 
eight  others  chosen  from  the  leading  residents  of  the  province.' 
In  1774  the  Imperial  Parliament  for  the  first  time  intervened 
in  the  affairs  of  the  country,  and  paased  the  Quebec  Act,  by 
which  the  government  was  entrusted  to  a  Governor-General 
and  a  Legislative  Comicil  appointed  by  the  Crown,  inasmuch 
as  it  was  deemed  "  inexpedient  to  call  an  Assembly."  This 
irresponsible  botiy  was  to  contain  not  more  than  twenty-three 
and  not  less  than  seventeen  members,  and  had  power  with  the 
consent  of  the  Governor-General  "  to  make  ordinances  for  the 


'Attorney-General  Thurlow's  Report  in  Christie's  History  of  Lower 
Canada,  i.  49,  50. 
•Chribtie,  i.  49,  50. 


195] 


Local  GoverikmaU  in  Camida, 


21 


j)raro,  welfare,  and  j^ood  goveninient  of  tlie  pruvineo."  It 
had  no  autliority,  however,  to  impose  any  taxes  or  (hiticH, 
except  Hn<'h  as  tl»e  inhahitants  of  any  town  or  district  nii^ht 
be  anthorized  to  a.sseHs  or  h'vy  within  itw  precincts  for  the 
jmrpose  of  making  roads,  erecting  and  repairing  pnhlie  hniM- 
dings,  or  for  any  other  purpose  respecting  the  h»cul  <;onvenienc« 
and  economy  of  Hueh  town  or  district.' 

During  the  military  regime,  the  captains  of  militia  dispensed 
justice  and  carried  out  the  orders  of  tiie  authorities  in  the  ])ar- 
ishes.''  The  King,  in  176.3,  gave  instructions  to  (iovernor 
Murray,  who  succeeded  General  Andierst,  to  lay  out  town- 
ships and  provide  town  sites,  with  tiie  view  of  encouraging  the 
settlement  of  P]nglish-speaking  peojde.  Provision  was  also 
made  for  building  a  church,  and  for  giving  400  acres  of  land 
to  the  support  of  a  clergyman,  and  200  acres  for  a  school- 
master.' In  1764  the  Governor  established  Courts  of  (Quarter- 
Sessions  for  the  trial  of  petty  causes.  These  Courts  were  (;on»- 
posed  of  Justices  of  the  Peace,  who  had  to  address  their  war- 
rants to  the  captains  and  other  officers  of  militia  in  the  first 
instance.*  The  majority  of  the  inhabitants  dwelling  in  each 
parish  were  also  permitted  to  elect,  on  the  24th  of  June  in 
each  year,  six  men  to  act  as  BaUlitt  antl  Sous-BallUsJ'  The 
names  of  these  men  were  sent  in  to  the  Deputy  Secietary  of 
the  province,  and  the  Governor-General,  with  the  (.n^nscnt  of 
the  Council,  appointal  the  persons  who  were  to  act.  These 
officers  had  for  some  years  the  inspection  of  the  highways  and 
bridges,  and  al^o  acted  as  constables.  In  1777,  it  was  deemed 
advisable  to  pass  an  ordinance  providing  for  the  repair  and 
maintenance  of  the  roads  and  bridges  in  the  province,  under 
the  direction  of  the  Grand  Voyer,  whose  office  was  reestablished 


•if  ^ 


'14  Geo.  III.  c.  83;  Bourinot's  Piirliamentary  Procedure,  ch.  i.  on  Par- 
liamentary Institutions  in  Canada,  pp.  9-12. 

*  Doutre  et  Lareau,  p.  485. 
*lbid.,  p.  663. 

*  Ibid.,  p.  589. 
•J6id.,  p.  690. 


fi^ 


'fap 


22 


Local  Government  in  Canada. 


[196 


^ 


in  accordance  with  tlie  desire  of  the  Imperial  Government  to 
continue  the  old  institutions  of  the  country,  to  which  the  people 
were  accuMomed.  Tlie  old  French  system  was  practically 
again  in  force.  The  proprietors  and  farmers  were  required  to 
keep  up  the  roads  and  bridges  that  passed  by  their  respective 
properties.  All  re})airs  were  performed  by  statute  labor  or  at 
the  cost  of  the  parish.  Tlie  Judges  of  Common  Pleas  on 
Circuit  were  to  report  on  the  state  of  the  communications,  as 
provided  for  in  the  ordinance.^ 

In  1791,  a  very  iinpo''tant  constitutional  change  took  place 
in  the  political  condition  of  Canada.  At  the  close  of  the 
American  War  of  Independence,  a  large  number  of  people 
known  as  United  Empire  Loyalists,  on  account  of  their  having 
remained  faithful  to  the  British  Crown  during  that  great 
struggle,  came  and  settled  in  the  provinces.  Some  ten  thou- 
sand persons,  at  least,  made  their  homes  in  Upper  Canada, 
wdiile  a  considerable  number  found  their  way  to  the  Eastern 
Townships  which  lie  to  the  south  of  the  St.  Lawrence,  between 
the  Montreal  district  and  tiie  frontier  of  the  United  States. 
The  Parliament  of  Great  J^ritain  then  thought  it  advisable  to 
separate  the  French  and  Englisii  nationalities  by  forming  the 
two  provinces  on  the  St.  Lawrence  and  tiie  Great  Lakes, 
known  until  1867  as  Lower  Canada  and  Upper  Canada.  To 
the  people  of  both  sections  were  granted  rejiresentative  insti- 
tutions.^ By  a  proclamation  of  the  Governor-General,  dated 
7th  of  May,  1792,  Lower  Cannda  was  divided,  for  legislative 
purposes,  into  ihe  following  twenty-one  counties : — Bedford, 
Buckingham,  Cornwallis,  Devon,  Dorchester,  Effingham, 
Gaspc,  Hampshire,  Heitford,  Huntingdon,  Kent,  Leinster, 
Montreal,  St.  Maurice,  Northumberland,  Orleans,  Quebec, 
Richelieu,  Surrey,  Warwick;  and  York.^     The  names  of  some 


■Ordinances  for  the  Province  of  Quebec  (Brown  and  Gilmore),  p.  86. 

»31  Geo.  III.  c.  31 ;  Bourinot,  p.  14. 

*  Boiiehette's  Topograpiiical  Description  of  Lower  Canada,  etc.,  p.  86.  It 
appears  that  Nova  fScotia  was  the  first  province  in  British  North  America 
to  establish  the  old  NoriHan  'iivision  of  "  County,"  which  is  the  equivalent 
of  the  8uxon  "Sliire."     8ee  infra,  p.  44. 


\ 


'1 


197] 


Local  Govet'nment  in  Canada. 


23 


y 


h 


of  these  divisions  recall  well-known   counties  or  shires  in 
England. 

The  system  of  government  established  in  1791  continued  in 
force  until  the  suspension  of  the  constitution  of  Lower 
Canada,  as  a  consequence  of  the  rebellion  of  1837-8,  under 
the  leadership  of  Papineau  and  other  men  whose  names  are 
familiar  to  all  students  of  Canadian  political  history.  During 
these  years,  the  country  was  practically  governed  by  the 
Governor-General  and  the  Executive  and  Legislative  Coun- 
cils, both  nominated  by  the  former.  The  popular  house, 
however,  had  little  influence  or  power  as  long  as  the  Govern- 
ment was  not  responsible  to  the  people's  representative.^,  and 
was  indifferent  to  their  approbation  or  support.  Tiie  result 
was  an  irrepressible  confli(.'t  between  the  Assembly,  and  the 
Legislative  and  Executive  Councils  supported  by  the  Gov- 
ernor-General. The  fact  was,  the  whole  system  of  govern- 
ment was  based  on  unsound  principles.  The  representative 
system,  granted  to  the  people,  did  not  go  far  enough,  since  it 
should  have  given  the  people  full  control  over  the  public 
revenues  and  the  administration  of  p>iblic  affairs,  in  accord- 
ance with  the  principles  of  ministerial  responsibility  to  Parlia- 
ment as  understood  in  the  parent  state.  More  than  that,  it 
failed  because  it  had  not  been  established  at  the  outset  on  a 
basis  of  local  self-government,  as  was  the  case  in  the  UniLcd 
States,  where  the  institutions  of  New  England  and  other 
colonies  had  gradually  prepared  the  people  for  a  free  system 
of  government.  Turning  to  the  remarkable  report  on  tiie 
affairs  of  Canada  which  bears  the  name  of  Lord  Durham,^ 
who  was  Governor-General  and  High  Commissioner  in  1839, 
we  find  the  following  clear  appreciation  of  the  weakness  of  the 
system  in  operation  for  so  many  years  in  the  old  provinces  of 


'  This  remarkable  document,  it  is  now  well  understood,  was  written  by 
Mr.  Charles  Buller,  who  accompanied  Lord  Durham  in  tlie  capacity  of 
secretary.  "In  fact  written  by  Mr.  Cliarles  Buller,  and  embodying  the 
opinions  of  Mr.  Gibbon  Wakefield  and  Sir  William  Moleswortli  on  Colonial 
policy."— Note  by  Mr.  Reeve  to  Greville's  Memoirs  (second  part),  i.  142. 


a 


24 


Local  Government  in  Canada. 


[198 


J 


l^ 


m 

m 

m 

fill 


Canada :  "  If  the  wise  example  of  those  countries  in  which  a 
free  and  representative  government  has  alone  worked  well  had 
been  in  all  respects  followed  in  Lower  Canada,  care  would 
have  been  taken  that  at  the  same  time  that  a  parliamentary 
system,  based  on  a  very  extended  suffrage,  was  introduced  into 
the  country,  the  people  should  have  been  entrusted  with  a 
complete  control  over  their  own  local  affairs,  and  been  trained 
for  taking  their  part  in  the  concerns  of  the  province  by  their 
experience  in  the  management  of  that  local  business  which 
was  most  interesting  and  most  easily  intelligible  to  tliem. 
But  the  inhabitants  of  Lower  Canada  were  unhappily  initiated 
into  self-government  at  the  wrong  end,  and  those  who  were 
not  trusted  with  the  management  of  a  parish  were  enabled  by 
their  votes  to  influence  the  destinies  of  a  State."  * 

The  following  divisions  existed  in  Lower  Canada,  between 
1792  and  1840,  none  of  which,  however,  were  constituted 
with  a  view  to  purposes  of  local  government : — 

1.  Districts. 

2.  Counties. 

3.  Parishes. 

4.  Townships. 

The  four  districts  were  Quebec,  Three  Rivers,  Montreal, 
and  St.  Francis,  which  were  established  for  purely  judicial 
purposes.  The  courts  therein  had  unlimited  and  supreme 
original  jurisdiction.  In  addition  to  these  superior  districts 
there  was  the  inferior  division  of  Gasp6  with  a  limited  juris- 
diction. 

The  counties  were,  as  I  have  already  intimated,  established 
for  parliamentary  objects;  for  Lord  Durham  observed  that  he 
knew  "  of  no  purpose  for  which  they  were  constituted,  except 
for  the  election  of  members  for  the  House  of  Assembly."' 
The  parishes,  into  which  the  seigniories  were  divided,  were 

'  Lord  Durham's  Report,  p.  35. 
•  Report,  p.  35. 


1) 


199] 


Local  Government  in  Canada. 


25 


the  old  divisions  established  in  the  days  of  the  French 
regime.  The  limits  of  the  parishes,  as  set  forth  in  the  ordi- 
nance of  1721,  were  not  strictly  adhered  to  as  the  population 
spread,  and  settlements  became  more  numerous.  It  was  con- 
sequently found  necessary  from  time  to  time  to  buihl  many 
new  churches,  that  the  means  and  accommodation  for  religious 
worship  might  keep  pace  with  the  numerical  increase  of  the 
congregations.  For  the  support  of  these  churches,  portions  of 
ancient  parishes  were,  as  the  occasion  arose,  constituted  into 
new  ones.^  The  townships  were  established  a  few  years  after 
the  conquest,  principally  for  surveying  purposes,  in  order  to 
meet  the  requirements  of  the  considerable  English  population 
that  in  the  course  of  time  flowed  into  Upper  and  Lower 
Canada.^ 

The  people  that  dwelt  in  the  local  divisions  had  no  power 
to  assess  themselves  for  local  improvements,  but  whenever  a 
road  or  bridge  was  wanted  it  was  necessiny  to  apply  to  the 
Legislature.  In  consequence  of  this,  the  time  of  that  body 
was  constantly  occupied  with  the  consideration  of  measures, 
which  should  have  been  the  work  of  such  local  councils  as 
existed  in  different  parts  of  the  United  States.  The  little 
schemes  and  intrigues  into  which  the  rei)resentatives  of 
different  localities  entered  in  order  to  promote  and  carry  some 
local  work  and  make  themselves  popular  with  their  consti- 
tuents gave  rise  to  a  great  deal  of  what  is  known,  in  Ameri- 
can parlance,  as  "log-rolling."  "When  we  want  a  bridge, 
we  take  a  judge  to  build  it"  was  the  forcible  way,  according 
to  Lord  Durham's  Report,^  in  M'hich  a  member  of  the  pro- 
vincial Legislature  described  the  tendency  in  those  days  to 
retrench  on  the  most  important  departments  of  the  public  ser- 
vice in  order  to  satisfy  the  pressing  demands  for  h)cul  works. 

It  would  be  supposed  that  the  British-speaking  peopk>  of 
the  townships,  whose  early  lives  had  been  passed  ia  the  midst 


•W[ 


•H 


>  Bouchette,  p.  86. 

•  Bouchette,  p.  87 ;  Lord  Durham's  Report,  p.  36. 

•Report,  p.  29. 


26 


Local  Government  in  Canada. 


[200 


of  the  liberal  local  institutions  of  the  old  British  Colonies, 
would  have  been  desirous  of  introducing  into  their  respective 
districts  at  least  a  semblance  of  municipal  government.  We 
look  in  vain,  however,  for  such  an  effort  on  their  part.  They 
appear  to  have  quietly  acquiesced  in  a  state  of  things  calcu- 
lated to  repress  a  spirit  of  local  enterprise  and  diminish  the 
influence  of  the  people  in  the  administration  of  public  affairs. 
Indeed,  we  have  some  evidence  that  the  government  itself  was 
prepared  for  many  years  to  discourage  every  attempt  to  intro- 
duce into  Canada  anything  like  the  local  system  that  had  so 
long  existed  in  New  England.  British  statesmen  probably 
remembered  the  strong  influence  that  the  town-meetings  of 
Boston  had  in  encouiaging  a  spirit  of  rebellion,  and  thought 
it  advisable  to  stifle  at  the  outset  any  aspirations  that  the 
Canadian  colonists  might  have  in  the  direction  of  such  doubt- 
ful institutions.  "  I  understand,"  wrote  Mr.  Richards  in  a 
report  to  the  Secretaiy  of  State  for  the  colonies,  ordered  by 
the  House  of  Commons  to  be  printed  as  late  as  March,  1832, 
"  that  the  Vermonters  had  crossed  the  line  and  had  partially 
occupied  several  townships,  bringing  with  them  their  muni- 
cipal institutions ;  and  that  when  the  impropriety  of  electing 
their  own  officers  was  pointed  out  to  them,  they  had  quietly 
given  them  up,  and  promised  to  conform  to  those  of  Canada."* 
While  the  Legislature  was,  to  all  intents  and  purposes,  a 
large  municipal  council  for  the  initiation  and  supervision  of 
all  local  improvemenis,  the  affairs  of  the  different  parishes 
and  townships  were  administered  as  far  as  consonant  with  the 
old  French  system.  The  Grand  Voyer  and  Militia  Captain 
continued  to  be  important  functionaries  in  the  administration 
of  local  affairs.  All  the  highways  and  bridges  had  to  be 
repaired  and  maintainod  under  the  direction  of  the  Grand 
Voyer  or  his  deputy.  Whenever  it  was  necessary  to  open  a 
new  raad  or  to  change  an  old  one,  it  was  the  duty  of  these 
officials,  on  receiving  a  petition  from  the  locality,  to  call  a 

'  Lord  Durham's  Report,  p.  36. 


201] 


Local  Govomment  in  Canada. 


27 


public  meeting  with  reference  to  the  matter,  by  a  notice  pub- 
lished at  the  parish  church  door  after  the  morning  service. 
The  Grand  Voyer  or  his  deputy  had  the  power  of  dividing 
every  parish,  seigniory,  or  township,  into  such  sections  as  he 
should  think  proper,  and  allot  to  each  an  overseer  of  highways 
and  bridges,  to  be  chosen  at  a  meeting  of  householders,  called 
and  presided  over  by  the  eidest  captain  or  senior  officer  of 
militia.  These  meetings  were  held  in  the  public  room  of  the 
parsonage  of  the  parish,  or  at  such  other  place  as  the  captain 
of  the  militia  might  direct.  The  Grand  Voyer  had  alone  the 
power  of  appointing  a  survey- ^r  of  roads  and  of  considering 
and  deciding  on  reports  made  by  such  officers  to  him  on  the 
subject  of  highways.  It  was  the  duty  of  the  Justices  of  the 
Peace,  assembled  in  quarter  sessions,  to  hear  and  adjudicate  on 
all  questions  that  might  arise  under  this  law.  The  same 
regulations,  however,  did  not  apply  to  the  cities  and  parishes 
of  Quebec  and  Montreal.  Here  the  Justices  of  the  Peace  in 
sessions  had  practically  the  regulation  of  highways,  streets,  and 
local  improvements,  and  appointed  all  the  officers  necessary  to 
carry  out  the  same.  They  also  fixed  and  determined  the  sums 
of  money  that  had  to  be  paid  for  such  purposes.^ 

As  a  matter  of  fact,  the  Grands  Voyers,  who  lived  in  Quebec, 
Montreal,  and  Three  Rivers,  had  no  very  onerous  functions  to 
discharge.  The  people  of  the  parishes  and  townships  learned 
to  depend  on  the  Legislature  and  only  performed  the  work 
imposed  on  them  by  the  law  regulating  statute  labor.  The 
absence  of  effective  municipal  institutions  was  particularly 
conspicuous  in  the  cities  of  Quebec  and  Montreal,  Avhere  it 
would  be  expected  that  more  public  spirit  would  be  shown. 
"  These  cities,"  I  again  quote  from  Lord  Durham's  Report,^ 
"  were  incorporated  a  few  years  ago  by  a  temporary  provincial 
Act  of  which  the  renewal  was  rejected  in  183G.  Since  that 
time  these  cities  have  been  without  any  municipal  government 


,y.-: 


'  See  Lower  Canada  Statutes,  1796. 
»  Keport,  p.  36. 


28 


Local  Government  in  Canada. 


[202 


apd  the  disgraceful  state  of  the  streets  and  the  utter  absence  of 
lighting  are  consequences  which  arrest  the  attention  of  all  and 
seriously  affecl  the  comfort  and  security  of  the  inhabitants." 

In  every  matter  affecting  the  administration  of  civil  and 
judicial  affairs  there  appears  to  have  been  a  remarkable  absence 
of  anything  approaching  a  workable  system  by  which  the 
people  might  manage  their  affairs.  More  than  that,  there  was 
actually  an  insufficiency  of  public  officers  for  the  administra- 
tion of  justice.  Outside  the  cities,  the  machinery  of  civil 
government  was  singularly  defective.  A  Sheriff  was  appointed 
only  for  each  of  the  four  judicial  districts.  Neither  Sheriffs 
nor  Constables  nor  parochial  officers  could  be  found  in  the 
majority  of  the  counties  of  the  province.  It  is  true  there  were 
a  number  of  Justices  of  the  Peace  who  assembled  in  Quarter- 
Sessions  in  accordance  with  the  system  so  long  in  vogue  in 
England  and  her  colonies,  but  these  men  were  appointed 
without  much  regard  to  their  qualifications  for  the  position, 
and  even  the  permanent  salaried  Chairmen,  appointed  by  the 
Crown,  were  in  the  course  of  time  abolished  by  the  Legisla- 
ture, and  these  inferior  Courts  consequently  deprived  of  the 
services  of  men  generally  of  superior  attainments.^  Practi- 
cally, the  affairs  of  each  parish  were  regulated  by  the  Cur^, 
the  Seignior  and  the  Captain  of  militia,  as  in  the  days  of 
French  government.  Thanks  to  the  influence  of  these  men, 
peace  and  order  prevailed.  Indeed  as  we  review  the  history 
of  French  Canada  in  all  times,  we  cannot  pay  too  high  a 
tribute  to  the  usefulness  of  the  French  Canadian  clergy  in  the 
absence  of  the  settled  institutions  of  local  government.  In 
fact,  it  was  only  in  ecclesiastical  affairs  that  the  peo])le  ever 
had  an  opportunity  of  exercising  a  certain  influence.  The  old 
institution  of  the  fabrique — which  still  exists^  in  all  its  vigor 


'  Lord  Durham's  Report,  p.  39. 

•The  law  still  makes  special  provision  for  the  erection  and  division  of 
parishes,  the  construction  and  repair  of  churches,  parsonages,  cemeteries,  and 
for  the  meeting  of  fabriques.  Every  decree  for  the  canonical  erection  of  a 
new  parish,  or  for  the  subdivision,  dismemberment  or  union  of  any  parit-hes, 


i) 


203] 


Local  Goveimment  in  Canada. 


29 


— enabled  thera  to  meet  together  whenever  it  was  necessary  to 
repair  a  church  or  presbytery.  When  the  religious  services 
were  over,  the  people  assembled  at  the  church  door  and  dis- 
cussed their  aifairs. 

No  doubt  the  influences  of  the  old  French  R6gime  pre- 
vailed in  Lower  Canada  for  a  long  while  after  the  conquest. 
A  people  whose  ancestors  had  never  learned  the  advantages 
of  local  self-government,  would  be  naturally  slow  to  awake  to 
the  necessity  of  adopting  institutions  under  which  the  Ameri- 
can colonists  had  flourished.  It  may  be  true,  as  Mr.  Parkman 
says,  that  the  French  colonists,  when  first  brought  to  America, 
could  not  have  suddenly  adopted  the  political  institutions  to 
which  the  English-speaking  colonists  at  once  had  recourse  as 
the  natural  heritage  of  an  English  race.  It  is  certainly  true, 
as  the  eminent  American  historian  adds,  that  the  mistake  of 
the  rulers  of  New  France  "  was  not  that  they  exercised  au- 
thority, but  that  they  exercised  too  much  of  it,  and  instead  of 
weaning  the  child  to  go  alone  kept  him  in  perpetual  leading 
strings,  making  him,  if  possible,  more  and  more  dependent, 
and  less  and  less  fit  for  freedom."  When  the  French  Cana- 
dian became  subject  to  the  British  Crown,  he  was,  literally,  a 
child  who  had  never  been  taught  to  think  for  himself  in  public 
affairs.  He  was  perfectly  unskilled  in  matters  appertaining  to 
self-government,  and  had  no  comprehension  whatever  of  that 
spirit  of  self-reliance  and  free  action  which  characterizes  the 
peoples  brought  up  under  Teutonic  and  English  institutions. 
In  the  course  of  time,  however,  the  best  minds  among  them 
began  to  appreciate  fully  the  advantages  of  free  government, 
and  to  their  struggles  for  the  extension  of  representative  gov- 


's; * 


or  with  regard  to  the  boundaries  of  parishes,  must  be  publicly  read  from 
the  pulpit  or  chapel  of  the  parish,  and  other  formal  steps  taken  to  notify 
the  inhabitants  of  the  proposed  measure,  before  Commissionera  appointed 
by  the  State  can  give  civil  recognition  to  the  decree.  On  the  prods  verbal  of 
these  officers,  the  Lieutenant-Governor  may  issue  a  proclamation  under  the 
great  seal  of  the  province,  erecting  such  parish  for  civil  purposes.  See 
Consol.  Stat.  Low.  Can.,  c.  18,  and  amending  Statutes. 


lA'i  ■ 


*r, 


"^ 


30 


Local  Government  in  Canada. 


[204 


ernment  the  people  of  British  North  Ameripa  owe  a  debt  of 
gratitude.  It  took  a  long  while,  however,  to  educate  the 
people  of  French  Canada  up  to  the  necessity  of  establishing  a 
liberal  system  of  municipal  institutions.  As  we  shall  see,  be- 
fore the  close  of  this  paper,  it  was  not  until  after  the  Union  of 
1840,  that  the  French  Canadians  could  be  brought  to  acknowl- 
edge the  benefits  of  local  taxation  imposed  by  their  own  local 
representatives.  In  this  respect,  they  made  less  progress  than 
the  people  of  Upper  Canada,  to  whose  history  we  shall  now 
proceed  to  refer. 


'  II' 


IV.— Upper  Canada,  1792-1810. 

As  I  have  already  stated,  Upper  Canada  was  settled  by 
United  Empire  lioyalists,  who  came  into  the  country  after 
the  War  of  Independence.  The  majority  of  these  people 
settled  on  the  shores  of  Lak'3  Ontario,  in  the  vicinity  of 
Kingston  and  the  Bay  of  Q,uint6,  in  the  Niagara  district, 
and  in  other  favored  localities  by  Lakes  Ontario  and  Erie.^ 
On  the  24th  of  July,  1788,  the  Governor-Genei-al  issued  a 
proclamation^  constituting  the  following  districts  in  Western 
or  Upper  Canada,  viz.,  Luneburg,  Mecklenburg.  Nassau, 
Hesse. 

Luneburg  comprised  the  towns  or  tracts  known  by  the 
names  of  Lancaster,  Charlottenburg,  Cornwall,  Osnabruek, 
Williamsburg,  Matilda,  Edwardsburg,  Augusta,  and  Eliza- 
bethtown.  Mecklenburg  comprised  Pittsburg,  Kingston, 
Ernestown,  Fredericksburg,  Adolphustown,  Marysburg,  So- 
phiasburg,  Ameliasburg,  Sydney,  Thurlow,  Richmond,  and 
Camden.  Nassau  comprised  the  extensive  district  which 
extends  from  Trent  to  Long  Point  on  Lake  Erie,  and  Hesse, 


'Eyerson's  Loyalists  in  America,  ii.  189. 

*  See  Proclamation  in  Collection  of  Acts  and  Ordinances  relating  to  Upper 
Canada,  York,  1818.  Luneburg  is  correctly  spelt  in  the  Proclamation,  but 
in  course  of  time  it  became,  for  some  unexplained  reason,  "  Lunenburg," 
The  name  still  survives  in  the  changed  form  in  Nova  Scotia, 


205] 


Local  Government  in  Canada. 


31 


the  rest  of  the  western  part  of  Canada  to  Lake  St.  Clair.* 
To  each  of  tlicse  districts  were  apjwintcd  a  Judtre  and  a 
SheriiF,  and  justice  was  administered  in  Courts  of  Conunou 
Pleas.  The  Justices  were  taken  from  the  best  men  the 
country  offered  in  the  absence  of  persons  of  legal  attainments,^ 
The  Judges  in  those  primitive  times  seem  to  have  possessed 
almost  absolute  power. 

The  first  local  divisions  of  Upper  Canada  ai)pear  to  have 
been  the  townships.  The  British  Government  was  extremely 
liberal  in  its  grants  of  land  to  the  Ijoyalists  and  the  ofliccrs  and 
soldiers  who  settled  in  Upper  Canada  and  t)ie  other  provinces. 
The  grants  were  made  free  of  exj)ense  on  the  following  scale : 
to  a  field  officer,  5,000  acres ;  to  a  captain,  3,000;  to  a  subal- 
tern, 2,000 ;  to  a  private,  200.  Surveys  were  first  made  of 
the  lands  extending  from  Lake  St.  Francis,  on  the  St.  Law- 
rence, to  beyond  the  Bay  of  Quinte.  Townships  were  laid 
out  and  divided  into  concessions  and  lots  of  200  acres.  Each 
township  generally  extended  nine  miles  in  front  and  twelve  in 
the  rear,  and  varied  from  80,000  to  40,000  acres.  The  town- 
ships were  not  named  for  many  years,  but  were  numbered  in 
two  divisions.^  One  division  embraced  the  townshi})s  below 
Kingston  on  the  St.  Lawrence,  and  the  other  townships  west- 
ward to  the  head  of  the  Bav  of  Quint6.     One  of  the  first  set- 


'  Canniff's  History  of  the  Settlement  of  Upper  Canada,  p.  62;  also  fore- 
going Proclamation. 

*  Judge  Duncan  of  Luneburg  was  a  storekeeper  and  a  Captain  in  the 
militia;  he  dealt  out  law,  dry  goods,  and  groceries  alternately.  Ibid., 
p.  50G. 

•  Canniff;  Ryerson,  ii.  224-5.  Dr.  Scadding,  Toronto  of  Old,  p.  302,  gives 
an  amusing  account  of  the  frivolous  way  in  which  many  of  the  old  townships 
of  Upper  Canada  were  named  in  the  course  of  years.  Flos,  Tay  and  Tiny, 
which  are  names  of  three  now  populous  townships  in  the  Pcnetanguishene 
district,  are  a  commemoration  of  three  of  Lady  Sarah  Maitland's  lapdogs. 
Some  one  wrote  Jus  et  J^'orma,  as  a  joke,  across  a  plan  of  a  newly  surveyed 
region,  and  three  townships  were  consequently  known  as  "Jus,"  "  Et,"  and 
"Norma"  for  years  until  they  were  changed  to  Barrie,  Palnierston  and 
Clarendon  respectively.  "  Aye,"  "  Yea,"  and  "  No  "  were  also  designations 
of  local  divisions. 


iii 


'V 


82 


Local  Govetiimmt  in  Canada. 


[206 


tiers  of  TT])por  Cnnada  lins  given  us  the  following  doseription 
of  the  nio<le  in  whieh  the  townshipH  were  granted  by  the 
government : — 

"At  length  the  time  eame  in  July,  for  the  townships  to  Ikj 
given  out.  The  Governor  eame  and  having  asHembled  the 
companies  before  him,  ealled  for  Mr.  Grass,  and  f<aid  :  '  Now 
you  were  the  first  person  to  mention  this  line  country,  and 
have  been  here  formerly  as  a  prisoner  of  war.  You  must 
have  the  first  choice.  The  townships  arc  numbered,  fii-st, 
second,  third,  fourth  and  fiflh  ;  which  do  you  choose?'  *  The 
first  township' (Kingston).  Then  the  Governor  says  to  Sir 
John  Johnson,  'Which  do  you  choose?'  He  replies,  'The 
second  township'  (Ernestown).  To  Colonel  Rogers,  'Which 
do  you  choose?'  He  says,  'The  third'  (Fredericksburg). 
To  Major  Vanalstine,  '  Which  do  you  choose,'  'The  Fourth' 
(Adolphustown).  Then  Colonel  McDonell  got  the  fifth  town- 
ship (Marysburg).  So,  after  this  manner,  the  first  settlement 
of  Loyalists  in  Upper  Canada  was  made."* 

The  districts  which  were  constituted  in  1788  were  intended 
mainly  for  judicial  purposes,  and  were  named  after  great 
houses  in  Germany,  allied  to  the  royal  family  of  England. 
The  same  was  the  case  with  the  first  townships  that  were  laid 
out.  The  first  township  was  called  Kingstown,  after  His 
Majesty  George  III ;  Ernestown  after  Ernest  Augustus,  eighth 
child  of  the  King;  Adolphustown,  after  another  son.^  Pro- 
vision was  made  for  future  towns  during  the  first  surveys. 
A  plot  was  generally  reserved  in  some  locality  which  seemed 
esjiecially  adapted  for  a  town.  This  was  the  case  in  Adolphus- 
town, where  a  lot  was  granted  to  each  of  the  settlers.     But 


» Ryerson,  ii.  209. 

*  "  King  George  III,  who  died  in  1820,  aged  82,  having  reigned  60  years, 
had  a  family  of  15  children,  whose  names  were  George,  Frederick,  William 
Henry,  Charlotte  Augusta,  Matilda,  Edward,  Sophia  Augusta,  Elizabeth, 
Ernest  Augustus,  Augustus  Frederick,  Adolphus  Frederick,  Mary  Sophia, 
Octavius,  Alfred,  and  Amelia.  These  royal  names  were  appropriated  to  the 
townships,  towns,  and  districts."     Canniff,  p.  439. 


/'■ 


207] 


Local  Government  in  Canada. 


33 


towns  were  of  very  slow  growth,  until  Honu'  yeai-s  uflor  the 
estublishnient  of  a  separate  government  in  U|)i)er  Canada, 
when  settlers  began  to  flow  steadily  into  a  country  whose 
fertility  and  proiluetiveness  coinnienced  at  last  to  be  under- 
st«jod.  Not  a  few  of  the  towns  owe  their  establishment  to 
private  enterprise  and  prescience  in  the  first  instance.' 

In  1791  Upper  Canada  was  separated  from  French  Canada, 
and  became  a  pnnince  with  a  Legislature  composed  of  a 
Lieutenant-Governor,  a  Legislative  Coun(;il  appointed  by  the 
Crown,  and  a  Legislative  Assend)ly  electal  by  the  pe()[)le.'' 
When  Lieutenant-Governor  Himcoe  undertook  the  administra- 
tion of  the  atl'airs  of  the  new  province,  he  issued  a  prottlama- 
tion  dividing  it  into  nineteen  counties,  as  follows:  Glcngary, 
Stormont,  Dundas,  Grenville,  Leeds,  Frontenac,  Ontario, 
Addington,  Lenox,  Prince  Edward,  Hastings,  Northumber- 
land, Durham,  York,  Lincoln,  Norfolk,  Sutfulk,  Essex,  and 
Kent.'  Some  of  the  well-settled  counties  were  divided  into 
ridings,*  each  of  which  sent  a  representative  to  the  Legislature. 
In  other  cases  one  representative  was  elected  for  two  or  more 
counties.  One  of  the  first  Acts  of  the  Legislature  was  to 
change  the  names  of  the  foiu*  divisions  established  in  1788  to 
the  Eastern,  Midland,  Home,  and  Western  Districts.'     In  the 


'  "Windsor  (now  WJiitby)  was  so  named  about  1819  by  its  projector,  Mr. 
John  Scadding,  the  original  grantee  of  a  thousand  acres  in  tliis  locality.  On 
a  natural  harbor  of  Lake  Ontario,  popularly  know  as  I}ig  Bay,  Mr.  .Scad- 
ding  laid  out  the  town,  built  the  first  house,  and  named  the  streets,  three  of 
them  after  his  three  sons — John,  Charles,  and  Henry."  Kyerson,  ii.  260. 
One  of  these  sons,  here  mentioned,  is  the  well-known  anticjuarian  of  Toronto, 
Eev.  Dr.  Scadding. 

«31Geo.  Ill,  0.31. 

•  See  Proclamation  in  Statutes  of  Upper  Canada,  i.  23. 

*Trithings  or  ridings  were  divisions  peculiar  to  Yorkshire  and  Lincoln- 
shire, though  Robertson  (Scotland  under  her  early  Kings,  iii.  433)  is 
inclined  to  trace  them  in  Kent  and  Surrey.  Bishop  Stubbs,  however, 
(Constitutional  History,  i.  100)  considers  the  view  "very  interesting  but 
very  conjectural." 

»  Upp.  Can.  Stat.  32  Geo.  Ill,  c.  8. 


i 


34 


Local  Gorernmnit  in  Cniuida. 


[208 


'i  - 


course  of  years  the  number  was  iuereasod  hy  tlie  ad<1itioii  of  the 
Johnstown,  Nevvcai-tle,  Xiajiara,  London,  and  (lore  Districts.* 
These  districts  were  int<'n<l«H|  tnainly  for  legal  and  judicial 
puri)oses.  Hut  all  these  old  names,  so  familiar  in  provincial 
hist<try,  have  l)ecom«'  ohiiterated  by  the  county  organizations. 

Tlic  Duke  de  la  Hochefbucault-Liancourt,  who  visited  the 
country  in  179-"),  and  had  s<'veral  interviews  with  (Jovernor 
Simeoe,  at  Newark,  now  Niagara,  the  old  capital  of  Upper 
Canada,  informs  us  that  the  divisicm  of  the  four  districts 
into  counties  was  "purely  military,  and  related  UKirely  to 
the  eidisting,  completing  and  assembling  of  the  militia.  The 
militia  of  each  comity  is  (commanded  by  a  lieutenant."^  Whilst 
the  Duke  was,  no  doubt,  correct  in  the  main,  it  must  not  l)e 
forgotten  that  the  erection  of  counties  was  also  necessary  for 
purposes  of  ivpresentation.  A  section  of  the  act  establishing 
the  Constitution  of  Upper  Canada  expressly  ])rovided  :  His 
Majesty  may  authorize  "the  Governor  or  Lieutenant-Governor 
of  each  of  the  provinces  of  Upper  and  Lower  Canada  to  issue 
a  proclamation  dividing  such  province  into  districts  or  coun- 
ties or  circles,  towns  and  townships,  and  appointing  the  limits 
thereof,  and  declaring  and  appointing  the  number  of  repre- 
sentatives to  be  chosen  l)y  each  of  such  districts,  counties  or 
circles,  towns  and  townships  respectively."'  Members  for 
the  liCgislature  were  then,  and  for  many  years  afterward, 
chosen  by  freeholders  having  real  property  to  the  yearly 
value  of  forty  shillings  in  districts,  counties  or  circles,  and 
five  pounds  sterling  in  towns  and  townships,  or  who  paid 
a  rental  in  the  latter  at  the  rate  of  ten  pounds  sterling  a  year.* 

The  Legislature  was  composed  jT  plain,  practical  men,  who 
went  energetically  to  work  in  the  first  sessions  to  provide  for 
the  wants  of  the  few  thousands  of  people  scattered  through- 


'  Bouchette,  p.  590.    Scadding's  Toronto,  p.  361. 

*De  la  Kochefoucault-Liancourt,  Voyage  dans  les  fetats-Unis  et  le  Haut 
Canada,  i.  434. 
331  (Jeo.  Ill,  c.  31.  s.  14. 
*Jmp.  Stat.  31  Geo.  Ill,  c.  31. 


209] 


Local  Oovenimeni  in  Cunndu. 


35 


I  ' 


out  tlie  wide  extent  of  country  over  wliicli  tluir  jurisdiction 
roaclicd.      F(»r  many  years  their  |)rinci|)al  duties  were  (son- 
fined   to  measures  for  cjirrying  on  local   Improvements.      It 
was  considered  "requisite,  for  the  maintenance  cf  j^ood  onhir 
and  tlie  rigid  execution  of  the  hiws,  that  proper  officers  sliould 
be  appointed  to  sn|>erintend  the  observance  thereof." '    Accord- 
ingly, the  people  were  authorized  by  statute  to  meet  in  any 
parish,  township  or  reputed  township  or  place  on  the  warrant 
of  the  Iligh-Constable,  who  was  to  preside  on  such  occsusions. 
These  assendjlies  were  composed  of  the  inhabitants  who  were 
householders  and  ratepayers  in  the  locality  interesttnl,  and  were 
lield  in  the  early  times,  for  ciuivenienee  sake,  in  the  parish 
church  or  chapel.     They  had  to  elect  a  parish  or  town  Clerk, 
who  was  to  make  out  annual  lists  of  the  inhabitants  within 
a  district,  keep  the  records,  and  perform  other  business  con- 
nected with  such  an  office.     The  other  officers  appointed  were 
as  follows :  Assessors,  to  assess  all  such  rate.>i  and  taxes  "  as 
shall  be  imposed  by  any  Act  or  Acts  of  the  Legislature ; " 
a  Collector,  **to  receive  such  taxes  and  rates  in  the  manner 
authorised  by  the  Legislature;"  Overseers  of  Roads  and  High- 
ways, "  to  oversee  and  perform  such  things  as  shall  l)e  directcsd 
by  any  act  passed  touching  or  concerning  the  highways  an<l 
roads  in  the  province,"  and  to  act  as  Fence- Viewers  "conform- 
able to  any  resolutions  that  may  be  agreed  upon  by  the  inhabi- 
tants at  such  meetings";  a  Pound-Keeper,  to  impound  all  stray 
cattle.     The  act  also  provided  for  two  Town- Wardens.     As 
soon  as  there  should  be  any  church  built  for  the  performance 
of  Divine  service  according  to  the  use  of  the  Church  of 
England,  then  the  parson  or  minister  was  to  nominate  one 
Warden  and  the  inhabitants  the  other.     These  M'ardens  were 
a  corporation  to  represent  the  whole  inhabitants  of  the  town- 
ship or  parish,  with  the  right  to  let  or  sell  property,  to  sue 
and  be  sued.     The  High-Constable,  who  called  and  presided 
over  the  township  meetings,  was  appointed  by  the  Justices  iu 

>  Upp.  Can.  Stat.  33  Geo.  Ill,  c.  2. 


m 


— *-*!h 


36 


Local  Gova^rment  in  Canada. 


[210 


Quarter-Sessions.  The  presiding  oflficor  had  to  eommunicate  a 
list  of  persons  nominated  at  these  meetings  to  a  Magistrate, 
who  was  to  administer  to  them  the  oath  of  oflliee.  In  case  the 
persons  appointed  at  the  meeting  refused  to  act,  they  were 
subject  to  a  penalty,  and  the  Magistrates  in  Sessions  called  for 
that  purpose  proceeded  to  fill  the  vi'cancies.  In  case  there 
were  not  tiiirty  inhabittmts  in  a  township,  then  they  were  con- 
sidered to  form  part  of  the  adjacent  township  which  should 
contain  the  smallest  number  of  inhabitants.' 

The  following  extract  from  the  early  records  of  the  town- 
ship of  Sopliiasburg,  or  the  Gth  township  lying  on  Picton  and 
(^uinte  Bays,  will  be  read  with  interest,  because  it  shows  that 
there  was  an  attempt  made  to  establish  a  parisii  system  on  the 
basis  of  that  so  long  existent  in  the  parent  State.  No  similar 
record  can  be  foun<l  in  the  annals  of  tiie  old  townships  of 
Upper  Canada,  although  the  references  in  the  Constitutional 
Act  of  1 791,  and  in  several  provincial  statutes,^  go  to  show 
that  the  erection  of  parishes  was  in  the  minds  of  those  who 
were  engaged  in  developing  local  institutions  in  the  coun- 
try :— 

"  Passed  at  Soi)hiasburg,  at  a  regular  town  meeting,  3rd 
Mardi,  1800.  And  be  it  ob-orvetl — That  all  well-regulated 
townships   be  divided  into  parishes,     lie  it  enacted  by  the 


'One  of  the  first  reported  town  meetings  (Ciinnifl',  p.  ~4)  held  in  acord- 
juice  with  the  act,  was  tliat  of  Adolpliustowii,  whiih  came  ofl'  on  the  6th  of 
March,  1708.  The  foUowing  words  are  an  exact  transcript  of  the  record  : — 
"  The  following  |>erson8  were  chosen  to  olHciate  in  their  respective  offices, 
the  ensuing  year,  and  also  tlie  regulations  of  the  same:  Keuben  Bedell, 
township  clerk;  Paul  ITuft' and  Philip  Doriand,  overseers  of  the  poor  ; 
.To»eph  Allison  and  Ciarit  Benson,  constables;  Willct  Casey,  Paul  Huff  and 
John  lluyck,  Pound-Keepers ;  Abraham  Maybee  and  Peter  Rutland, 
l'\ nee  Viewers.  Tiie  height  of  fence  to  be  4  feet  8  inches;  water  fence 
voted  to  be  no  fence.  Hoggs  running  at  large  to  have  yokes  on  18  by  24 
inches.  No  piggs  to  run  until  three  months  old.  No  stallion  to  run.  Any 
person  putting  fire  to  any  bush  or  stable,  tliat  does  not  his  endeavour  to 
hiuder  it  from  doing  dan^age,  shall  forfeit  the  sum  of  forty  shillings." 

(Signed)  Puilip  Dobland,  T.  Clerk. 

•  See  supra,  p.  58. 


211] 


Local  Govamment  in  Canada. 


37 


majority  of  votes,  that  this  town  sliall  be  (livided  into 
parishes,  and  described  as  follows :  St.  John's,  St.  Matthew's, 
St.  Giles,  Moniit  Pleasant, 


»» 1 


It  does  not  a})pcar,  however,  that  parishes  were  established 
to  any  extent  on  the  Enf>;lish  system  throu}!;hout  Upper 
Canada,  althou<>;h  they  were  general  for  eeelesiastieal  pnrposes. 
The  Chnrch  of  England  was  the  dominant  religions  body  for 
many  years,  and  there  was  an  effort  made  to  establish  it  by 
giving  it  large  reserves  of  })nl)li('  lands.  We  shall  se(^,  how- 
ever, later  on,  that  parishes  were  established  in  the  maritime 
provinces  for  civil  pnrposes  as  in  some  of  the  old  English 
colonies  in  America. 

In  accordance  with  the  British  system  of  local  <'ov(M'nment 
in  connties,  the  Magistrates  in  Sessions  performed  an  impor- 
tiint  part  in  the  administration  of  local  atf.iirs.  Th.cse  Conrts 
of  Quarter  Sessions  have  long  existed  in  English  counties,  and 
their  functions  have  been  rej>;ulated  bv  a  series  of  statutes 
commencing  in  the  Tudor  times  and  coming  down  to  the 
present  day.  The  English  counties  were  subdivided  into 
petty  sessional  divisions.  At  the  head  of  this  civil  organiza- 
tion in  a  county  is  the  Lord-Lieutenant  and  the  Cudos 
Rotidornm.  The^e  two  offices  are  usually  held  by  one  person, 
who  holds  office  under  a  sp''clal  commission  from  the  Crc^Vvn, 
and  is  generally  a  peer  of  the  realm  or  large  landowner.^ 
"His  office,"  savs  Hallam,  "mav  be  considered  as  a  revival 
of  the  ancient  local  earldom,  and  it  certainly  took  away  from 
the  sheriff"  a  great  part  of  the  dignity  and  importance  which 
he  had  acquired  since  the  discontinuance  of  that  otHce.  Yet 
the  Lord-Lieuteiiant  has  so  peculiarly  military  an  authority 
that  it  does  not  in  any  degree  control  the  civil  power  of  the 
sheriff  as  the  executive  minister  of  the  law."^ 


» Canniff,  p.  472. 

*Tlie  English  Citizen  Series.     Local  Government  in  EngLind,   M.  D. 
Chalmers,  p.  93. 
•Const.  Hist.  (Eng.  etl.  1881)  ii.  134. 


i 


I 


38 


Local  Government  in  Canada. 


[212 


It  appears  from  the  old  records  that  there  was  a  similar 
officer  appointed  in  the  early  times  of  Canada.  Speaking  of 
TiOwer  Canada,  Lord  Dnrham  says :  "  The  Justices  of  tlie 
Peace  scattered  over  the  whole  of  Lower  Canada  are  named  by 
the  Governor  on  no  very  accurate  information,  there  being  no 
Lieutenants  or  similar  officers  of  counties  in  this  as  in  the 
upper  province."  ^  The  Duke  de  la  Rochefoucault,  writing  in 
1795,  says:  "Simcoe  is  by  no  means  ambitious  of  investing 
all  power  and  authority  in  his  own  hands,  but  consents  that 
the  Lieutenant'^,  whom  he  nominates  for  each  county,  should 
appoint  the  Justices  of  the  Peace  and  the  officers  of  the 
militia."^  From  these  and  other  references  to  the  duties  of 
the  officM^r,  he  appears  to  have  discharged  functions  similar  to 
those  of  the  Lord-Lieutenant  in  England,  since  he  appointed 
Justices  and  commanded  the  militia.  The  title,  however, 
appears  to  have  fallen  into  disuse  in  the  course  of  a  few 
years,^  though  there  was  a  Custos  Rotulorum  or  Chairman 
of  Sessions  in  all  the  provinces.  The  Lieutenancy  in  Upper 
Canada  never  assumed  as  much  importance  as  did  the  same 
office  in  Vircrinia.* 


'Report,  p.  41. 

*Vol.  i.  p.  416. 

'Tlie  Upper  Canada  Almanac  for  1804,  piihlished  at  York,  gives  the 
following  list  of  "  Lieutenants  of  Counties:"  ".John  Macdonell,  Esq.,  Glen- 
garry ;  William  Fortune,  Esq.,  Prescott;  Archibald  Macdonell,  Esq.,  Stor- 
niont ;  Hon.  Ricliard  Duncan,  Esq.,  Dundas;  Peter  Drununond,  Esq., 
(Irenville;  .Tames  Breckenridge,  Esq.,  Leeds;  Hon.  Richard  Cartwriglit, 
Esq.,  Frontenac;  Hazelton  Spencer,  Esq.,  Lenox;  William  Jolin.son,  Esq., 
Addington  ;  John  Fergu.son,  Esq.,  Hastings ;  Archibald  Macdonell,  Esq.,  of 
Marysburg,  Prince  Edward  ;  Alexander  Cliisholm,  Esq.,  Northumberland  ; 
Robert  Baldwin,  E.-^q.,  Durham ;  Hon.  David  William  .Sniitli,  Esq.,  York ; 
Hon.  Robert  Hamilton,  Esq.,  Lincoln ;  Samuel  Ryerse,  Esq.,  Norfolk ; 
W'illlam  Claus,  Esq., Oxford;  (Middlesex  vacant) ;  Hon.  Alexander  Grant, 
E.sq.,  Essex;  Hon.  James  Baby,  Kent."  These  Lieutenants  do  not  appear 
to  have  been  appointed  in  subsequent  years.  The  foregoing  list  recalls  the 
names  of  men  prominent  in  the  early  days  of  Canada.  Some  of  their 
descendants  still  play  a  conspicuous  part  in  public  affairs. 

**'One  is  struck  by  tlie  prominence  of  the  Lieutenant,  anciently  the  Com- 
mander, who,  besides  being  the  chief  of  the  militia  in  his  county,  was  a 


i 


213] 


Local  Government  in  Canada. 


39 


As  I  have  already  shown,  the  Justices  in  sessions  ai)|)ointe(l 
as  in  England  a  High  Constable,  and  discharged  certain 
functions  now  performed  by  municipal  bodies  in  Canada. 
All  moneys  collected  by  Assessors  of  Taxes  were  to  be  paid 
into  the  hands  of  Treasurers  who  were  appointed  by  the  Jus- 
tices in  general  quarter  sessions.  The  Justices  so  a.'  icnibled 
directed  how  the  moneys  were  to  be  disbursed  in  accii'dance 
with  the  law.  The  Legislature,  from  time  to  time,  regulated 
the  time  and  place  for  holding  these  Courts.  The  (Quarter- 
Sessions  were  held  in  1793,  at  Adolpliustown,  Kingstown, 
Michillimackinac,  Newark,  New  Johnstown,  and  Cornwall, 
then  the  principal  towns  of  the  province.  The  jurisdiction  of 
the  Justices  was  very  extensive  in  those  times.  They  had  the 
carrying  out  in  a  great  measure  of  the  Acts  of  the  Legislature 
providing  for  the  defraying  of  the  expenses  of  building  court- 
hpuses  and  jails,  of  keeping  the  same  in  repair,  of  the  payment 
of  Jailers,  of  the  support  and  maintenance  of  prisons,  of  the 
building  and  repairing  of  houses  of  correction,  of  the  con- 
struction and  repairs  of  bridges,  of  the  fees  of  Coroners  and 
other  officers,  and  of  all  other  matters  that  were  essentially  of 
a  local  character.  Whenever  it  was  necessary  to  establish  a 
market,  the  Legislature  had  to  pass  a  special  Act  giving  the 
requisite  power  to  the  Court  of  Sessions.  For  instance,  we 
find  an  Act  authorizing  the  Justices  in  this  Court  ''  to  fix, 
open  and  establish  some  convenient  place  in  the  town  of 
Kingston  as  a  market,  where  butcher's  meat,  butter,  eggs, 
poultry,  fish  and  vegetables,  shall  be  exposed  to  sale,  and  to 
appoint  such  days  and  hours  as  shall  be  suitable  for  tliat  pur- 
pose, and  to  make  such  other  orders  and  regulations  rchitive 
thereto  as  they  shall  deem  expedient."^     The  Justices  of  the 


member  of  the  Council,  and  as  such  a  judge  of  tlie  highest  tribunal  in  the 
county.  With  Commissioners  of  the  Governor  he  held  monthly  courts  for 
the  settlement  of  suits,  not  exceeding  in  value  one  hundred  pounds  of 
tobacco,  and  from  this  court,  appeal  was  allowed  to  the  (lovernor  and 
Council."  Local  Institutions  of  Virginia.  By  Edw.  Ingle,  .lolins  Hopkins 
University  Studies  in  Historical  and  Political  Science,  vol.  iii.  185. 
>  Upp.  Can.  Stat.  41  Geo,  III,  c.  3. 


40 


Local  Government  in  Canada. 


[214 


Peace  had  also  other  important  functions  to  discharge  out  of 
the  sessions.  For  instance,  it  was  on  their  certificate  that  the 
Secretary  of  State  granted  licenses  to  public  houses.  These 
licenses  were  only  granted  afler  full  inquiry  and  dis(;ussion  at 
public  meetings  duly  called  for  that  purpose  by  the  High 
Constable  or  other  ])ublic  officer.^  Tht  Justices  in  quarter 
sessions  also  appointed  Surveyors  of  Highways,  to  lay  out  and 
regulate  statute  labor  on  the  public  roads.  All  persons  were 
liable  to  work  on  the  roads,  in  proportion  to  the  assessment 
on  their  real  and  personal  property.^ 

For  the  first  fifteen  or  twenty  years  of  the  history  of  the 
administration  of  civil  affairs  in  Upper  Canada,  the  burdens 
of  the  people  were  exceedingly  small.  A  Canadian  historian 
says  on  this  point :  "  No  civilized  country  in  the  world  was 
less  burdened  with  taxes  than  Canada  West  at  this  period. 
A  small  direct  tax  on  property,  levied  by  the  District  Courts 
of  Sessions,  and  not  amounting  to  £3,500  for  the  whole 
country,  sufficed  for  all  local  expenses.  There  was  no  poor 
rate,  no  capitation  tax,  no  tithes,  no  ecclesiastical  rates  of  any 
kind.  Instead  of  a  road  tax,  a  few  days  of  statute  labor 
annually  sufficed."^ 

Under  such  circumstances  we  can  easily  understand  why 
the  condition  of  Kingston,  for  many  years  the  most  important 
town  of  Upper  Canada,  should  have  been  so  pitiable  accord- 
ing to  a  writer  of  those  early  times:  "The  streets  [in  1815] 
require  very  great  repairs,  as  in  the  rainy  seasons  it  is  scarcely 
possible  to  move  about  without  being  in  mud  to  the  ankles. 
Lamps  are  required.  .  .  .  But  first  the  Legislature  must 
form  a  code  of  laws,  forming  a  complete  police.  To  meet 
expense,  Government  might  lay  a  rate  upon  every  inhabitant 
householder  in  proportion  to  value  of  property  in  house."* 


1  Upp.  Can.  Stat.  31  Geo.  Ill,  e.  12. 
^ Ibid.,  is  Geo.  Ill,  c.  12. 
'McMulIenV  History,  p.  247. 
<Canniir,  p.  432. 


'I 


215] 


Local  Government  in  Canada. 


41 


Subsequently,  when  Kingston  became  the  seat  of  government, 
the  municipal  authorities  were  encouraged  to  make  improve- 
ments in  streets,  drainage,  sidewalks,  and  otherwise.  When 
the  town  of  York  was  incorporated  as  a  city,  in  1834,  under 
the  name  of  Toronto,  it  had  not  a  single  sidewalk  within 
its  limits,  and  the  first  Mayor,  Mr.  W.  Lyon  Mackenzie, 
had  to  initiate  a  system  of  local  improvements  under  great 
difficulties.^ 

As  the  country  filled  up,  and  the  necessity  arose  for  roads 
and  bridges  and  other  local  improvements,  the  taxes  increased ; 
although  thoy  never  became  heavy  under  the  unsatisfactory 
system  that  prevailed,  until  after  tiie  reunion  of  the  Canadas 
in  1841.  The  time  of  the  Legislature  was  constantly  occupietl 
in  passing  Acts  for  the  construction  of  public  works  necessary 
for  the  comfort,  safety,  and  convenience  of  particular  localities. 
A  large  amount  of  "  parish  "  business  was  transacted  in  those 
days  by  the  Legislature  which  might  as  well  have  been  done 
by  local  Councils.  As  compared  with  Lower  Canada,  how- 
ever, the  people  had  eventually  a  workable  system  of  local 
government,  which  enabled  them  to  make  many  improvements 
for  themselves.  The  construction  of  canals  and  other  impor- 
tant works  of  provincial  imjwrtance,  on  an  expensive  scale, 
at  last  left  so  little  funds  in  the  treasury  tiiut  the  Parliament 
of  this  province  alone,  among  the  Norlh  American  colonies 
"  was,  fortunately  for  itself,  compelled  to  establish  a  system  of 
local  assessment,  and  to  leave  local  works  in  a  great  measure 
to  the  energy  and  means  of  the  locidities  themselves."^  Still 
the  system,  as  the  country  became  more  populous  and  enter- 
prising, proved  ultimately  quite  inadequate  to  meet  the  require- 
ments of  the  people  and  to  develop  their  latent  energies.  The 
Legislature  was  constantly  called  upon  to  give  power  to  local 
authorities  to  carry  out  mejisures  of  local  necessity.  What- 
ever taxation  was  necessary  for  local  purposes  had  to  be  im- 


"  Lindsey's  Life  of  Mackenzie,  i.  312. 
•Lord  Durham's  Report,  p.  48. 


42 


Local  Government  in  Canada. 


[216 


posed  through  the  inconvenietit  agency  of  Courts  of  Quarter- 
Sessions,  over  which  the  peoj)le  exercised  little  or  no  control. 
If  the  people  of  a  city  or  town  wished  to  be  incorporated, 
they  were  forced  to  ai)ply  to  the  Legislature  for  a  special  Act. 
The  powers  granted  to  these  corporations  were  by  no  means 
uniform,  and  great  confusion  resulted  from  the  many  statutes 
that  existed  with  respect  to  these  bodies.  "  No  lawyer,"  says 
a  writer  on  the  subject,*  could  give  an  opinion  upon  the  rights 
of  an  individual  in  a  single  corporation  without  following  the 
original  act  through  the  thousand  sinuosities  of  parliamentary 
amendment,  and  no  capitalist  at  a  distance  could  credit  a  city 
or  town  without  a  particular  and  definite  acquaintance  with 
its  individual  history."  It  was  not,  however,  until  after  the 
reunion  of  the  Canadian  provinces,  that  steps  were  taken  to 
establish  in  Upper  Canada  a  larger  system  of  popular  local 
government  in  accordance  with  the  wise  suggestions  made  by 
Lord  Durham  and  other  sagacious  British  statesmen.  But 
before  we  can  refer  to  this  part  of  the  subject,  I  must  first 
review  the  early  local  history  of  the  maritime  provinces  of 
Nova  Scotia,  New  Brunswick,  and  Prince  Edward   Island. 


V. — The  Maritime  PRovI^x"ES. 

When  Nova  Scotia  became  a  possession  of  England  by  the 
treaty  of  Utrecht  in  17L3,  the  only  place  of  any  importance 
was  Port  Royal,  originally  founded  by  a  French  gentleman- 
adventurer,  Baron  de  Poutrincourt.  The  English  renamed 
the  place  "Annapolis  Royal,"  in  honor  of  Queen  Anne,  and 
for  some  years  it  was  the  seat  of  government.  The  province 
in  those  days  had  a  considerable  French  Acadian  population, 
chiefly  settled  in  the  Annapolis  valley,  and  in  the  fertile  country 
watered  by  the  streams  that  flow  into  the  Bay  of  Fundy.  For 
some  years  there  was  a  military  government  in  Nova  Scotia. 
lu  1719,  the  governor  received  instructions  to  choose  a  council 

'  J.  Sheridan  Ilogan,  Prize  Essay  on  Canada,  1855,  p.  104. 


la 


217] 


Local  Govetmment  in  Canada. 


43 


for  the  management  of  civil  affairs  from  the  principal  Englisli 
inhabitants,  until  an  assembly  should  be  formed  to  regulate 
matters  in  accordance  with  the  instructions  given  to  the 
American  colonies  generally.  This  first  council  was  com- 
posed exclusively  of  officers  of  the  garrison  and  of  officials 
of  the  public  departments.  The  French  inhabitants  in  their 
respective  parishes  were  permitted,  in  the  absence  of  duly 
appointed  magistrates,  to  choose  deputies  from  among  them- 
selves for  the  purpose  of  executing  the  orders  of  the  govern- 
ment and  acting  as  arbitrators  in  case  of  controversies  in  the 
French  settlements.  An  appeal  was  allowed  to  the  governor 
at  Annapolis.^ 

In  1749,  the  city  of  Halifax  was  founded  by  Governor 
Cornwall  is  on  the  shores  of  Chebucto  Bay,  on  the  Atlantic 
coast.  The  government  of  the  province  was  vested  in  a 
Governor  and  Council,  and  one  of  their  first  acts  was  to  estab- 
lish a  Court  of  General  Sessions,  similar  in  its  nature  and 
conformable  in  its  practice  to  the  Courts  of  the  same  name  in 
the  parent  State.^  In  1751  they  passed  an  ordinance  that  the 
town  and  suburbs  of  Halifax  be  divided  into  eight  wards,  and 
the  inhabitants  empowered  to  choose  annually  the  following 
officials  "  for  managing  such  prudential  affairs  of  the  town  as 
shall  be  committed  to  their  care  by  the  Governor  and  Coun- 
cil : — eight  town-overseers,  one  town-clerk,  sixteen  constables, 
eight  scavengers."* 

It  was  only  after  the  establishment  of  the  first  Legislature 
that  Nova  Scotia  was  divided  into  local  divisions  for  legislative, 
judicial,  and  civil  purposes.  The  first  House  of  Assembly, 
elected  in  1758,  was  composed  of  twenty-two  representatives, 
of  whom  sixteen  were  chosen  by  the  province  at  large,  four  by 
the  township  of  Halifax,  and  two  by  the  township  of  Lunen- 
burg.    It  was  at  the  same  time  provided  that  whenever  fifty 


»  Haliburton'8  History  of  Nova  Scotia,  i.  93,  96. 

*Tbid.,p.  163. 

•Murdoch's  History,  ii.  199, 


44 


Local  Government  in  Canada. 


[218 


^ 


qualified  householders  were  settled  at  Pisicjuid  (now  Windsor), 
Minas,  Cobequid,  or  at  any  other  township  whieh  might  be 
thereafter  erected,  it  should  be  entitled  to  send  two  repre- 
sentatives to  the  Assembly.^  In  1759,  the  Governor  and 
Council  divided  the  province  into  five  counties :  Annapolis, 
Kings,  Cumberland,  Lunenburg  and  Halifax.''  A  few  years 
later  the  whole  island  of  Cape  Breton  was  formed  into  a 
county.^ 

Tlie  I^cgislature  ai)penrs  to  have  practically  controlled  the 
administration  of  local  affairs  throughout  the  province,  except 
so  far  as  it  gave,  from  time  to  time,  certain  powers  to  the 
Courts  of  (Quarter-Sessions  to  regulate  taxation  and  carry  out 
certain  j>ublic  works  and  improvements.  In  the  llrst  session 
of  the  Legislature,  a  joint  committee  of  the  Couu-iil  and  As- 
sembly choose  the  town  officers  for  Halifax,  vi/.,  four  overseers 
of  the  poor,  two  clerks  of  the  market,  four  surveyors  of  the 
highways,  two  fence  viewers,  and  two  hog-reeves.*  We  have 
abundant  eviden(!e  that  at  this  time  the  authorities  viewed  with 
disfavor  any  attempt  to  establish  a  system  of  town  govern- 
ment similar  to  that  so  long  in  operation  in  New  England. 
On  the  14th  of  April,  1770,  the  Governor  and  Council  passed 
a  resolution  that  "  the  proceedings  of  the  people  in  calling 
town-meetings  for  discussing  questions  relative  to  law  and 
government  and  such  other  purposes,  are  contrary  to  law,  and 
if  persisted  iii,  it  is  ordered  that  the  parties  be  prosecuted  by 
the  attorney-general."*  The  government  of  Nova  Scotia  had 
before  it,  at  this  time,  the  example  of  the  town-meetings  of 
Boston,  presided  over  by  the  famous  Samuel  Adams,  and 


>  Halibiirton,  i.  208.     Murdoch,  ii.  334,  3.51. 

*  Murdoch,  ii.  373,  374.  In  the  election  for  the  Assembly  that  came  off 
in  August  of  the  same  year,  the  counties  in  question  returned  two  members 
each ;  the  towns  of  Lunenburg,  Annapolis,  Horton,  and  Cumberland,  two 
each,  and  the  township  of  Halifax,  four,  or  twenty-two  representatives  in  all. 

*  Ibid.,  p.  454. 
*Ibid.,p.S6\. 

»  Haliburton,  i.  248. 


219] 


Local  Govommcnt  in  Canada. 


45 


doubtless  considered  tliein  as  the  very  hotbeds  of  revolution.' 
What  the  Tories  thought  of  these  poj)ular  bodies  can  be  under- 
stood from  the  following  extraet,  whieh  j^ives  the  opinion  of  a 
rabid  writer  of  those  rovolutionarv  times.  "  This  is  the  foul- 
est,  subtlest,  and  most  enormous  serpent  ever  issued  from  the 
egg  of  sedition.  I  saw  the  small  seed  when  it  was  implanted; 
it  was  a  grain  of  nuistard.  I  have  watched  the  plant  until  it 
lias  become  a  great  tree."  ^ 

In  the  course  of  time  the  province  was  divided  for  legisla- 
tive, judicial  and  civil  purposes,  as  follows : — 

1.  Divisions  or  circuits,  generally  consisting  of  one  or  more 
counties,  for  purposes  connected  with  the  Courts. 

2.  Districts,  generally  of  one  or  more  counties,  established, 
as  a  rule,  for  the  convenience  of  the  people,  who  had  the 
privilege  conferred  upon  them  of  having  a  Court  of<  Sessions 
of  the  Peace  for  the  regulation  of  their  internal  affairs. 

3.  Counties,  generally  established  for  legislative  ])tu'poses. 

4.  Townships,  which  were  simply  subdivisions  of  the  county 
intended  for  purposes  of  local  administration  or  of  repre- 
sentation. 

In  each  county  there  was  a  Sheriff  and  Justice  of  the  Peace, 
whose  jurisdiction  extended  throughout  the  same.  Each 
district  was  generally  provided  with  a  Court-house  which 
belonged  to  the  county.  The  townships  did  not  contain  any 
definite  quantity  of  land,  as  was  generally  the  case  in  Upper 
Canada.  The  inhabitants  appear,  according  to  Judge  Hall- 
burton,  "  to  have  had  no  other  power  than  that  of  holding  an 


.11 


■  Bancroft  very  truly  considers  Samuel  Adams  more  than  any  other  man, 
"  the  type  and  representative  of  the  New  England  town-nicoting."  History 
of  the  Constitution,  ii.  260.  For  an  interesting  account  of  his  career,  see 
Samuel  Adams,  the  Man  of  the  Town  Meeting,  by  J.  K.  llosmer.  Here 
the  reader  will  be  able  to  obtain  a  very  accurate  idea  of  the  important  in- 
fluence that  Adams  and  the  town-meetings  of  Boston  exercised  over  the 
destinies  of  America.  No  wonder  was  it  that  the  governing  class  in  Halifax 
frowned  upon  all  manifestations  of  popular  feeling  in  the  province. 

*  Daniel  Leonard,  cited  by  Hosmer,  p.  45. 


46 


Loral  Governmrnt  in  Canada. 


[220 


. 


annual  meeting  for  t^  "  purpose  of  voting  money  for  the 
support  of  the  poor."  '  Up  to  very  recent  times,  the  Justices 
in  Sessions  were  practically  the  local  governing  hodies  in  the 
various  divisions  of  the  province.  P^ven  Halifax  was  not 
allowed  a  8[)ccial  act  of  incorporation  as  a  city  until  1841, 
although  its  peojile  made  frequent  ai)plications  to  the  TiCgis- 
lature  for  power  to  manage  their  own  affairs.^  The  time  of 
the  Ivcgislaturc  was  taken  up  with  making  provision  for  local 
wants.  All  the  roads  and  bridges  were  built  and  maintained, 
and  the  public  schools  supported  by  the  Legislature.  The 
system  that  so  long  prevailed,  by  which  meml)ers  of  the 
Legislature  controlled  the  exjjenditures  for  local  works,  was 
well  calculated  to  demoralize  public  men  and  encourage  specu- 
lation and  jobbery.  Large  sums  were  frittered  away  by  the 
appointment  of  Road  Commissioners  with  reference  only  to 
political  considerations.^  It  was  one  well  adapted  to  stimulate 
the  energies  of  village  politicians,  and  the  spirit  of  party  in 
the  counties. 

As  respects  local  affairs,  the  people  had  little  or  no  voice. 
The  Grand  Jury,   in  the  Court  of  Sessions  of  the  Peace, 


'  Hal iburlon's  Hist.  ii.  8,  9. 

'Murdoch,  ii.  449.  In  1850  Mr.  ITowe  attempted  to  pass  a  bill  dividing 
the  roiinty  of  Halifax  into  townships,  and  conferring  certain  municipal 
privileges  upon  the  inhabitants.  The  people  were  to  have  the  power  to 
raise  funds  by  assessment  for  the  support  of  education  and  for  other  public 
purposes,  and  to  elect  their  own  township  officers,  including  Magistrates. 
Lord  Clrey,  however,  took  exception  to  tlie  measure,  and  the  Queen's 
assent  was  witliiield.  Speeches  and  Public  Letters  of  Hon.  Joseph  Howe, 
i.  642. 

'"According  to  a  report  presented  to  me  by  Major  Head,  an  Assistant 
Commissioner  of  Enquiry  whom  I  sent  to  that  colony  [Nova  Scotia],  a  sum 
of  £10,000  was,  during  the  last  session,  appropriated  to  local  improvements ; 
this  sum  was  divided  into  830  portions,  and  as  many  Commissioners  were 
appointed  to  expend  it,  giving,  on  an  average,  a  Commissioner  for  rather 
more  than  every  £V2,  with  a  salary  of  5s,  a  day,  and  a  further  remunera- 
tion of  two  and  a  half  per  cent,  on  the  money  expended,  to  be  deducted  out 
of  each  share."  Lord  Durliani's  Keport,  p.  29.  This  demoralizing  and 
wasteful  system  lasted  until  very  recently  in  Nova  Scotia. 


221] 


Local  Government  in  Cannda. 


47 


annually  noniinat<'<l  such  number  of  town  oftlcors  as  the 
Justi('(>s  .shouhl  direct,  and  out  of  them  tlic  hitter  made  the 
appoiutmentH.  The  (JJrand  Jury  had  also  the  power  to  raise 
money  for  certain  public  purposes  within  a  partieidar  division. 
Of  their  own  knowledsfc,  or  on  the  representation  of  three 
freeholders,  they  could  make  j  resentments  for  money  for 
building  or  repairing  jails,  court-houses,  pounds,  or  for  other 
necessary  local  purposes.  In  the  event  of  their  neglecting  to 
act,  in  certain  cases  the  Justices  in  Sessions  cotdd  amerce  the 
county.  The  officers  aj)pointe(l  at  the  Sessions  were  a  County 
Treasurer  and  Assessors.  The  Clerk  of  the  Peace,  as  in 
England,  was  aj)pointed  by  the  Custos,  as  Chairman  of  the 
Sessions;  the  office  of  Sheriif  was  a  government  appointment. 
Practically,  in  Nova  Scotia,  as  in  the  other  provinces,  the 
English  county  system  prevaihxl. 

If  we  now  tiu'n  to  the  province  of  New  Brunswick,  Ave 
find  that  a  similar  system  existed  until  very  recently.  This 
provin(H>  originally  formed  part  of  the  extensive  and  ill-defined 
territt)ry  known  in  French  times  as  "Acadie."  For  some 
years  it  was  governed  by  the  (lovernor  and  CV)uncil  of  Xova 
Scotia,  until  the  settlement  of  a  large  number  of  Loyalists  on 
the  banks  of  the  St.  John  River  brought  about  a  change  in  its 
political  constitution.  Then  the  Imperial  authorities  thought 
it  exj)edient  to  create  a  separate  province,  with  a  government 
consisting,  in  the  first  instance,  of  a  Governor  and  Council 
of  twelve  members,  exercising  both  executive  and  legislative 
powers,  and,  eventually,  of  an  assembly  of  twenty-six  members. 

On  the  nth  of  May,  1785,  a  charter  was  granted  by 
Governor  Carleton  fi)r  the  incorporation  of  Parr  Town,  on  the 
east  side  of  the  St.  John  River,  and  of  Carleton,  c.i  the  west 
side,  as  a  city  under  the  name  of  St.  John.^     The  inhabitants 


'  "The  Governor  of  Nova  Scotia — which  then  iiieliidiHl  New  Rriinswick — 
at  the  time  of  the  arrival  of  tlie  Loyalists,  was  John  Parr,  Esq.,  and  St. 
John  was  at  first  named  Parr  Town,  after  that  gentleman."  Jack's  Prize 
Essay  on  the  History  of  St.  John,  p.  65. 


48 


Local  Govenimnit  in  Canada. 


[222 


i 


1^;': 


were  privon  a  Mayor,  llocordor,  nix  AMorinan  and  .six  assist- 
ants, and  the  oity  was  divided  into  six  wards.'  St.  .John, 
consequently,  was  the  first  city  inecrporated  in  British  North 
America,  and  it  reinaine<l  so  for  nis'.ny  years,  as  Halifax  and 
other  towns  were  refused  the  same  privileges  I'or  a  lonji;  while. 

In  178G  the  (jrovernor,  Council  and  Assembly  i)as.s(^l  an  act 
providing  that  the  Justices  of  the  General  Sessions  of  the 
Peace  for  the  several  counties  of  the  province  should  annually 
appoint,  out  of  every  town  or  parish  in  the  same.  Overseers, 
Clerk,  Constables,  C-lerks  of  Markets,  Assessors,  Surveyors, 
Weighers  of  Hay,  Fence  Viewers.  It  will  be  seen  from  this 
and  other  acts  that  the  divisions  for  local  purposes  consisted 
of  counties,  townships  and  parishes.  In  1786,  an  act  was 
pp.-.sed  for  the  better  ascertaining  and  confirming  of  the  boun- 
daries of  the  several  (!ounties^  within  the  province,  and  for  sub- 
dividing them  into  towns  or  parishes  "for  the  more  convenient 
and  orderly  distribution  of  the  respective  inhabitants,  to  enable 
them,  in  their  respective  districts,  to  fulfil  the  several  duties 
incumbent  on  them,  and  for  the  better  administration  of  justice 
therein." 

2'own  and  parish  ap})ear  to  have  been  always  synonymous 
terms  in  this  province.  In  the  interpretation  clause  of  a 
reoor.t  act,  "  parish  "  is  defined  as  ^'parish,  incorporated  town 
or  city."  ^  This  designation  of  one  of  the  civil  divisions  of 
New  Brunswick  is,  no  doubt,  so  much  evidence  of  the  desire 
of  the  early  settlers,  many  of  whom  were  from  Virginia  and 
Maryland,*  to  introduce  the  institutions  of  their  old  homes. 


•  Murdoch,  iii.  42. 

*"The  names  of  the  original  eight  counties  into  which  New  Brunswick 
was  divided,  are:  Saint  Joiin,  Westmoreland,  Yorit,  Charlotte,  Northum- 
berland, King's*,  Queen's,  and  Sunbury.  Tliese  counties  were  conlirnied  by 
law  February  10th,  178()."     .Jack's  Prize  Essay,  p.  74. 

'N.  B.  Cons.  Stat.,  c.  100,  s.  i. 

*  Among  the  members  of  the  first  Council  of  New  Brunswick,  1784,  were 
Chief  Justice  Ludlow,  formerly  a  Judge  of  the  Supreme  Court  of  New 
York;  Judge  Israel  Allen,  of  I'ennsylvauia;  Gabriel  G.  Ludlow,  of  Mary- 
land; Judge  John  Saunders,  of  Virginia.  Not  a  few  Virginia  Loyalists 
settled  in  New  Brunswick.    Murdoch,  iii.  42. 


^m 


223] 


Local  Govcrnineid  in  Canwhi. 


49 


In  all  of  the  liritisli  colonicH,  iii(i('o<l,  tlio  town  systoin  liad 
lonj;  l)crii  in  nso.  In  th*;  rirst  instances,  tlio  colonists  intio- 
dneed  the  Icuial  iiiHt'tntion.s  of  tli(!  parent  State,  with  sncli 
nuxlitieations  as  were  Mnitahle  to  the  (ionditions  of  their  exist- 
ence. JJnt  the  '*  imri.sh  "  of  the  colonies,  as  a  rule,  hore  little 
rcseinhlance  to  the  historic  •*  parish  "  of  Knglan<l.  The  latter 
was  simply  the  old  township  of  the  Saxons  in  an  e<'elesiast  leal 
form  :  "  The  (listrict  assijjfned  to  a  church  or  priest ;  to  whom 
its  eo<;lesiastical  dues  and  generally  also  its  tithes  an;  pai<l. 
The  boundaries  of  the  parish  and  the  township  or  tuwnslii|)s 
with  which  it  coincides,  are  generally  the  same;  in  small 
parishes  the  idea  and  even  name  of  township  is  fre<piently, 
at  the  present  day,  sunk  in  that  of  the  parish  ;  and  all  the  hus- 
iness  that  is  not  manorial  is  despatched  in  vestry  meetings, 
which  are  however  primarily  meetings  of  the  township  for 
church  purposes." ' 

Throughout  New  England  the  township  was  the  political 
unit.  It  is  true  that  the  religious  conv!  iions  of  the  peojtie 
dominated  in  all  their  arrangements  for  (he  administration  of 
civil  affairs.  An  eminent  authority  has  said  of  the  people  of 
Massiichusctts :  "  They  foundeil  a  (livil  state  ujwn  a  hasis  which 
should  support  the  worshi[)  of  God  aix^ording  to  their  con- 
scientious convictions  of  dutv  ;  and  an  ecclesiastical  state  com- 
bined  with  it,  which  should  sustain  and  be  in  harmony  with 
the  civil  government,  excluding  what  was  antagonistic;  to  the 
welfare  of  cither."^  In  P^nglaud  the  parish  was  invested  with 
civil  functions,  and  the  old  Saxon  township  became  gradually 
absorbed  in  the  former.  But  in  New  England  the  j)arish  and 
township  had  really  distinct  meanings.  Whenever  the  word 
"parish"  was  there  use<l,  it  was  to  denote  the  township  from 
an  eecle^siastical  point  of  view,  as  well  as  a  portion  of  the  town- 
ship not  posses.sing  town  rights.  Consetjuently  the  "  parish 
of  Massachusetts"  was  essentially  a  term  used  for  religious 


>  Stubbs,  Const.  Hist.  i.  85. 

•Parker's  Lowell  Institute  Lectures,  p.  403. 

4 


m 


60 


Local  Government  in  Canada. 


[224 


piiqjoses,  «n.j|  had  no  rtference  to  civil  matters  which  were 
all  discharp;ed  in  the  township  or  political  unit  of  the  com- 
munity.' In  Virginia,  however,  the  parihh  attained  consider- 
able prominence  in  the  administration  of  local  aifairs.  The 
early  settlers  of  the  old  Dominion  were  men  wedded  to  the 
ancieiiL  institutions  of  the  parent  State,  and  they  set  up  the 
system  long  established  in  England,  with  such  changes  as 
were  adapted  to  the  circumstances  of  the  country.  Parishes 
were  originally  coterminous  with  the  old  planttUions  or  with 
the  counties,  and  covered  Immense  areas.  In  the  course  of 
time,  when  the  country  became  more  settled,  counties  were 
laid  oat  and  divided  into  parishes.  Some  of  these  parishes  sent 
representatives  to  the  House  of  Burgesses  in  early  times  of  the 
colony >  and  they  were  always  important  local  units  in  the  civil 
organization  of  the  country.  It  does  not,  however,  appear 
that  they  ever  possessed  })0wers  entirely  equal  to  those  enjoyed 
in  the  parent  State.^  No  doubt  the  Loyalists  who  settled  in 
New  Brunswick  and  other  sections  of  British  North  America 
were  so  accustomed  to  this  division  thai  ihey  naturally  intro- 
duced it  when  they  came  to  organize  the  new  province.  We 
have  already  seen,  in  our  sketch  of  local  government  in  Upper 
Canada,  that  there  was  an  eifort  made  to  establish  parishes  in 
that  section.  It  is  only  in  New  Brunswick,  however,  that 
the  name  has  become  permaiiently  inscribed  on  the  civil 
organization  of  the  country.  I  do  not  of  course  refer  in  this 
connection  to  French  Canada,  where  the  division  was  consti- 
tuted purely  for  ecclesiastical  purposes,  and  had  no  relation  to 
the  English  parish  which  is  the  descendant  of  the  township 
of  early  English  times — itself  developed  from  the  .nark  com- 
munities of  the  Teutonic  trilx>s.' 


ft 


'The  Englisli  Pai-  h  in  America;  Lociil  Institntions  in  Virginia,  by  E. 
Ingle,  Jolins  Hopkins  University  Studies^  vol.  iii.  154. 

•Johns  Hopkins  University  Studies,  vol.  iii.  154,  155. 

•"Primarily  the  parish  is  merely  the  old  townsaip  in  its  ecclesiastical 
aspect.  We  can,  therefore,  trace  the  descent  of  the  modern  civil  parish 
through  the  ecclesisistical  parish,  up  to  the  old  Saxon  township.    It  may 


225] 


Local  Goveimment  in  Canada. 


51 


The  Island  of  Prince  Edward,  originally  known  as  St. 
John's,  formed  part  of  the  province  of  Nova  Scotia  tintil 
1769,  when  it  was  created  a  separate  ])rovince,  with  a  Lieu- 
tenant-Governor, a  combined  Executive  and  Legislative  Coun- 
cil, and  in  1 773  a  Legislative  Assembly  of  eighteen  members.^ 
The  history  of  this  island  is  interesting  from  the  fact  that  it 
gives  an  instance  of  a  land  system  which  kept  the  province  in 
a  state  of  agitation  for  many  years,  until  it  was  finally  set- 
tled soon  after  the  union  with  the  Dominion.  The  island 
was  surveyed  by  Captain  Holland  in  1765,  and  in  17G7 
divided  into  sixty-seven  townships,  containing  in  the  aggre- 
gate 1,360,600  acres.''  This  extensive  tract  was  conveyed  by 
ballot,  with  some  reservations,  to  officers  and  other  individuals 
who  had  claims  or  supposed  claims  on  the  Crown,  and  a 
landed  monojwly  was  in  this  way  establishetl  in  the  island. 
The  grantees  were  to  settle  in  the  province  or  establish  a 
certain  number  of  settlers  within  ten  years,  but  these  proper 
conditions  were  practically  laid  aside  and  an  absentee  owner- 
ship allowed  to  grow  up,  to  the  great  injury  of  the  ttnants 
who  farmed  the  lands.  In  those  days  the  Crown  availed 
itself  lavishly  of  its  prerogatives  with  very  little  regard  to 
future  settlement  on  the  public  lands  of  the  country  over 
which  it  exercised  dominion.     Previous  to  the  arrangement 


be  safely  said  that  the  English  parish  is  the  legitiinat  lescendunt  of  the 
Teutonic  mark,  and  that  the  English  parish,  the  New  England  township, 
the  French  or  Belgian  commune,  and  tlie  village  community  of  Northern 
Indiii,  are  but  variations  of  one  common  type  which  reproduces  itself 
wherever  the  Aryan  race  is  found.  Whether  the  Teutonic  mark  system 
was  ever  introduced  into  England  by  our  Saxon  forefathers  is  an  open 
question,  but  the  Saxon  township  owed  many  of  its  distinguishing  ciiarac- 
teristics  to  the  mark  system.  The  township  was  so  called  from  the  tun  or 
hedge  which  surrounded  the  group  of  homesteads."  Chalmers'  Local 
Government  in  England,  p.  3(>. 

'  Bourinol,  p.  69.  See  also  copy  of  commission  of  the  first  Lieutenant- 
Governor,  Captain  W.  Paterson.  Canada  Sessional  Papers,  1883,  No.  70, 
p.  2. 

•Campbell's  History,  pp.  3,  19.    Colonial  Office  List,  1885,  p.  38. 


IM^ 


I  < 


52 


Local  Govemment  in  Canada. 


[226 


just  mentioned,  a  Britisli  nobleman  had  ai)plied  to  tlie  King 
for  a  grant  of  the  whole  isln  d.  His  proposition  was  to 
divide  it  into  hundreds^  as  in  England,  or  baronies  as  in 
Ireland.  These  hundreds  or  baronies  were  to  be  divided 
into  manors  over  whieh  would  preside  a  Court  Baron,  in 
accordance  with  the  old  English  system.  Townships  were  to 
be  carved  out  of  hundreds;  Courts  Leet  and  Courts  Baron 
were  also  to  be  established  under  the  direction  of  the  lord 
paramount.  A  local  historian  has  clearly  ej)itomized  the 
whole  projwsition  as  follows :  "  There  was  to  be  a  lord 
paramount  of  the  whole  island,  forty  capital  lords  of  forty 
lunidreds,  four  hundred  lords  of  nuuiors,  and  eight  hundred 
freeholders.  For  assurance  of  the  said  tenures,  eight  hundred 
thousand  acres  were  to  be  set  apart  for  establishments  for 
trade  and  commerce  in  the  most  suitable  parts  of  the  island, 
including  one  county  town,  forty  market  towns,  and  four 
hundred  villages."  Each  hundred  or  barony  was  to  consist 
of  somewhat  less  than  eight  square  miles,  and  the  lord  of 
each  was  bound  to  erect  and  maintain  forever  a  castle  or 
blockhouse  as  tl;e  capital  seat  of  his  property,  and  as  a  place 
of  retreat  and  rendezvous  for  the  settlers ;  and  thus,  on  any 
alarm  of  sudden  danger,  every  iidiabitant  might  have  a  place 
of  security  within  four  miles  of  his  habitation.     A  cannon 


"It  does  not  appear  that  " Inimlreds "  were  ever  established  in  Canada. 
The  imion  of  a  number  of  townships  for  the  purpose  of  judicial  admin- 
istration, peace  and  defence,  formed  what  is  known  as  the  hundred  or 
vapentake,  in  Anglo-Saxon  times.  "  It  is  very  probable,"  writes  Stubbs 
(i.  96,  97)  "that  the  colonists  of  Britain  arranged  themselves  in  hundreds 
of  warriors;  it  is  not  probable  that  the  country  was  carved  into  ecjual 
districts.  The  only  conclusion  that  seems  reasonable  is  that,  under  the 
name  of  geographical  hundreds,  we  have  the  variously  sized  pagi  or  dis- 
tricts in  which  the  hundred  warriors  settled."  The  first  civil  divisions 
of  the  infant  settlement  of  Maryland  were  called  "hundreds,"  and  the 
election  district  of  "Bay  Hundred"  on  the  eastern  shore  of  the  State,  is  a 
memorial  of  those  old  times.  Local  Institutions  of  Maryland,  by  L.  W. 
Wilhelni,  p.  39.  A  similar  division  was  also  known  in  the  early  history  of 
Virginia,     Ingle,  pp.  40-17. 


227] 


Local  Government  in  Canada. 


53 


fired  at  one  of  the  castles  would  be  hoard  at  the  next,  and 
thus  the  firing  woukl  proceed  in  regular  order  from  castle  to 
castle,  and  be  "  the  means,"  adds  the  noble  memoralist,  "  of 
putting  every  inhabitant  of  the  whole  island  under  arms  and 
in  motion  in  the  space  of  one  quarter  of  an  hour.'" 

But  this  proposition  was  not  enteii:ained  by  the  King,  who 
had  had  some  experience  of  a  similar  plan  which  failed  in 
Carolina.^  The  division,  however,  of  the  whole  island,  among 
a  few  proprietors,  api>?ars  to  have  had  consequences  jirobably 
fully  as  disastrous  as  would  have  been  the  concession  to  a 
single  nobleman,  who  might  have  taken  a  deep  interest  in  its 
settlement,  as  was  notably  done  by  Lord  Baltimore  in  Mary- 
land. 

The  island  was  originally  laid  out  in  counties,'  parishes, 
and  townships.  The  county  lines  appear  to  have  been  run 
from  north  to  south  across  the  island  at  two  of  its  widest  parts. 
Where  the  boundaries  of  townships  or  parishes  touch  the 
countv  lines,  thev  are  coterminous  therewith.  The  same  is 
true  of  the  township  and  parish  lines.  The  a\'erage  area  of 
the  townshij)8  is  20,000  acres,  though  number  QQ,  the  last 
regular  township  surveyed,  contains  only  (>,000,  and  numl)er 
67,  an  irregular  block  in  the  centre  of  the  island,  is  somewhat 
larger  than  the  average. 

Each  parish  includes  from  three  to  six  townships.  In 
addition  to  the  territorial  divisions  before  mentioned,  there 
was  laid  out  in  each  county,  at  the  time  of  the  original  survey, 


'Caniphell's  History,  ch.  i.  p.  11. 

*81mftosbiiry  and  I>ocke  attempted  to  frame  a  eonstitution  for  Carolina, 
which  would  "connect  political  power  witli  hereditary  wealth."  Bancroft's 
History  of  the  United  States,  ii.  146. 

'"In  1768  the  Island  w-is divided  into  three  counties: — (1.)  Kind's,  con- 
taining 20  townships,  412,100  acres;  ooifnty  town,  Ueor^etown,  4,000  acres 
(Les  Trois  Rivieres).  (2.)  Queen's,  23  townships,  48(],()00  acres;  county 
town,  Charlottetown,  7,300  acres  (Port  la  Joie).  (3.)  Prince  County,  23 
townsliii)s,  467,000  acres;  county  town,  Princetown,  4,000  acres  (Mal- 
peque)."  Murdoch's  History,  ii.  474.  The  names  in  parentheses  are  those 
of  the  old  French  settlements. 


•^ 


64 


Local  Govet'nment  in  Canada. 


[228 


a  site  for  a  chef  lieu,  or  county  town.  For  Queen's  County,  a 
town  plot  was  laid  out  on  the  site  of  the  present  city  of  Char- 
lottetown,  at  the  head  of  Hillsboro'  Bay,  where  the  North- 
West  and  Hillsboro'  Rivers  unite.  The  town  of  King's 
County  was  laid  out  at  Georgetown,  on  the  south-east  coast, 
on  Cardigan  Bay,  and,  for  Prince  County,  a  town  site  was  sur- 
veyed on  the  east  side  of  Richmond  or  Malpeque  Bry,  near 
its  mouth.  To  each  of  these  town  sites  there  were  attached 
distinct  areas  of  land  called  "  commons  "  *  and  "  royalties,"  ^ 
which  covered  about  6,000  acres  each,  and  were  not  included 
in  any  of  the  townships.  Instead  of  being  reserved  for  their 
original  purpose,  the  common  a»id  royalty  attached  to  each 
town  site  were  subsequently  sold  by  the  Crown  as  farm  lands, 
and  are  now  occupied  and  cultivated  as  such,  though  the  city 
of  Charlottetown  extends  beyond  the  old  town  site,  and  covers 
a  portion  of  the  common.  The  county  town  of  Prince  County 
•was  not  established  at  Princetown,  but  at  a  point  on  the 
shores  of  Betleque  Bay,  on  the  south  coast,  now  called 
"  Summerside." 

As  we  have  just  seen,  there  was  an  attempt  made  in  Prince 
Edward  Island  to  establish  parishes  as  in  other  parts  of  the 
old  colonies,  but,  in  the  course  of  time,  these  local  divisions 
became  pmctically  useless,  and  are  seldom  mentioned  now, 
except  in  legal  proceedings  connected  with  old  land  titles.  It 
is  only  in  Prince  Edward  Island,  I  may  add,  that  we  come 
across  the  term  "royalties"  as  reservations  of  the  crown,  in 


'These  common  lands  were  a  memorial  of  Anglo-Saxrm  times.  "The 
pleasant  green  commons  or  squares  which  occur  in  the  midst  of  towns  and 
cities  in  England  and  the  United  States  most  probably  originated  from  the 
coalescence  of  adjacent  mark-communities,  whereby  the  border-land  used  in 
common  by  all  was  brought  into  the  centre  of  the  new  aggregate.  ...  In 
old  towns  of  New  England.  .  .  .  the  little  park.  .  .  .  was  once  the  common 
pasture  of  the  town." — Fiske's  American  Political  Ideas,  pp.  39,  40. 

^"In  its  primary  and  natural  sense  'royalties'  is  merely  the  English 
translation  or  equivalent  of  regalitales,  jura  regalia,  jura  regia."  See  an 
interesting  definition  of  the  term  given  by  the  Judicial  Committee  of  the 
Privy  Council,  Legal  News  (Montreal),  vi.  244;  and  Bourlnot,  p.  690. 


229] 


Local  Govetmrnent  in  Canada. 


65 


the  vicinity  of  the  old  settlemonts.  In  the  other  provinces, 
howv^ver,  provision  was  made  for  the  establishment  of  com- 
mons,' thongh,  in  the  course  of  time,  they,  too,  in  the  majority 
of  cases,  were  leased  for  private  purposes  and  ceased  to  become 
available  for  the  general  use  of  the  comnninity.  The  Legis- 
lature of  Nova  Scotia,  for  instance,  passed  an  act  in  181(5  to 
lease  twenty-hve  acTes  of  the  Halifax  common,  in  half  acre 
lots,  for  999  years.^ 

In  this  island,  the  several  divisions  to  which  we  have  re- 
ferred appear  to  have  been  established  chiefly  for  rei)resentative 
and  judicial  purposes.  No  system  of  local  government  ever 
existed  in  the  counties  and  parishes,  as  in  other  parts  of 
America.  The  Legislature  has  been  always  a  municipal  coun- 
cil for  the  whole  island. 

VI. — The  Establishmp:nt  of  Municipal  Institutions 
IN  THE  Provinces  of  the  Dominion. 

We  have  now  brought  this  review  of  local  government  up 
to  the  time  when  a  new  era  in  the  history  of  political  insti- 
tutions commenced  in  all  the  provinces  of  British  North 
America.  The  troubles  which  culminated  in  the  Rebellion  of 
1837-8  led  to  the  reunion  of  the  Conadas  and  the  concession 
of  a  more  liberal  system  of  government  to  the  people.  The 
British  authorities  recognized  the  necessity  of  leaving  the 
people  free  to  control  their  own  internal  aifairs,  and  of  giving 
up  that  system  of  paternal  government  which  had  worked  so 
unsatisfactorily.  Between  1840  and  1854  "11  the  provinces 
were  granted  responsible  government  in  the  real  sense  of  the 
term,  and  entered  almost  immediately  on  a  career  of  political 
and  national  progress  which  was  in  remarkable  contrast  with 
the  condition  of  things  previous  to  1840.  The  legislation  of 
the  province  was  distinguished  by  greater  vigor  as  soon  as  the 


\ 


'  Nova  Scotia  Archives,  Aikens,  p.  700. 
'Murduch,  iii.  415. 


k 


56 


Local  Government  in  Canada, 


[2r,o 


-i 

1 


people  obtained  fall  control  of  their  own  taxation  and  revenue. 
The  result  was  the  improvement  of  the  communications  of  the 
country  and  the  passaj^e  of  measures  in  the  direction  ff  in- 
creasinji^  the  responsibilities  of  the  people  in  the  manaoement 
of  their  local  affairs. 

In  the  s|x>ech  with  which  Lord  Sydenham,  then  Governor- 
General,  c])ened  the  Lepjislature  of  1841,  he  called  attention 
to  the  fact  that  it  was  "  highly  desirable  that  the  principles  of 
local  self-government,  which  already  prevail  to  some  extent 
throughout  that  j>art  of  the  province  which  was  formerly 
Ui)per  Canada,  should  receive  a  more  extendetl  application 
and  that  the  ])0()ple  should  exercise  a  greater  control  over  their 
own  local  affairs."*  It  had  been  proposed  to  make  such  a  sys- 
tem a  part  of  the  Constitution  of  1840;^  but  the  clauses  ' 
the  subject  were  struck  out  of  the  till  during  its  passage  in 
the  House  of  Commons  on  the  ground  that  such  a  jnirely  local 
matter  should  be  left  to  the  Legislature  of  the  province.^  The 
Legislature  went  energetically  to  work  to  provide  for  the 


'  Assembly  Journals,  1841,  p.  8. 

'"The  establishment  of  a  good  system  of  municipal  institutions  through- 
out these  provinces  is  a  matter  of  vital  importance.  A  general  legislature, 
which  manages  tlie  private  business  of  every  parish,  in  addition  to  the  com- 
mon business  of  tiie  county,  wields  a  power  which  no  single  bfjdy,  however 
}topular  in  its  constitution,  ought  to  have — a  power  which  must  be  destruc- 
tive of  any  constitutional  balance.  The  true  principle  of  limiting  popular 
power  is  that  a]>portionment  of  it  in  many  different  depositories,  which  las 
been  adopted  in  all  the  most  free  and  sttble  States  of  the  Union.  Instead 
of  confiding  the  whole  collection  and  distribution  of  all  the  revenues  laised 
in  any  county  for  all  general  and  local  purposes  to  a  single  representative 
body,  the  power  of  local  assessment,  and  the  application  of  the  funds  arising 
from  it,  should  l)e  intrusted  to  local  management.  It  is  in  vain  to  expect 
tliat  this  sncrilice  of  power  will  be  voluntarily  made  by  any  representative 
body.  The  establishment  of  municipal  institutions  for  the  whole  country 
should  be  made  a  part  of  every  colonial  constitujon,  and  the  prerogative  of 
the  Crown  should  be  constantly  interposed  to  check  any  encroachment  on 
the  functions  of  the  local  bodies,  until  the  people  shvndd  become  alive,  as 
most  assuredly  they  almost  immediately  would  be,  to  the  iiecessity  of  pro- 
tecting their  local  privileges."    Lord  Durham's  Report,  p.  92. 

3 Christie,  v.  356. 


' 


\ 


I 


231] 


Local  Government  in  Canada. 


57 


internal  government  of  tlie  up|X!r  province.  Some  difficulties 
arose  in  dealing  with  this  question  on  account  of  the  position 
taken  by  Lower  Canada.  During  the  susj>ension  of  the  Con- 
stitution in  French  Canada,  an  ordinance  had  been  ])assed  by 
the  Sjx^nal  Council  "to  provide  for  the  better  internal  govern- 
ment of  this  province  by  the  establishment  of  Kx-al  or  muni- 
cipal institutions  therein."  The  province  was  divided  into 
twenty-two  districts,  comprising  certain  seigniories,  townships, 
and  parishes.  The  Governor  and  Council  fixed  and  deter- 
mined the  number  of  Councillors  who  were  elected  for  every 
district.  The  warden  was  appointed  by  the  Governor-General, 
and  his  duties  were  regulated  by  instructions  from  the  same 
high  functionary.  The  meetings  of  householders,  at  which 
the  ])arish  or  township  officers  as  well  as  the  district  Council- 
lors were  elected  and  other  business  was  transacted,  were  con- 
vened on  the  authorization  of  the  warden  by  one  of  the  Justices 
of  the  Peace  for  the  district.  The  Governor  had  the  power  to 
dissolve  a  district  Council  under  extraordinary  circumstances. 
Instructions  were  issued  by  the  Governor  and  Council  to  the 
chairmen  of  parish  or  township  meetings,  assessors,  collectors, 
surveyors  of  highways  and  bridges,  overseers  of  the  poor,  and 
other  local  officers.' 

Consequently,  the  system  in  op'^ration  in  Lowor  Canada 
was  entirely  controlled  by  the  government.  It  was  the  desire 
of  the  Upi^er  Canadians,  who  had  been  gradually  educated 
for  more  popular  local  institutions,  to  elect  the  warden  and 
other  officers.  The  measure  whicli  was  presented  in  1841,  by 
Mr.  Harrison,  provincial  secreta  y  of  the  u])per  pi'ovince, 
provided  that  the  inhabitants  of  er  ch  district  should  be  a  body 
corporate  within  th'^  limits  prescribed  by  the  Act,  and  pro- 
vision was  made  for  the  f  n'mation  of  municipal  councils,  to 
consist  of  a  warden  and  a  fixed  number  of  councillors  in  each 
district.  Power  was  given  to  these  councils  to  assess  and 
collect  from  the  inhal)itants  such  moneys  as  might  be  necessary 


'  Canada  Sessional  Papers,  1841,  App.  X. 


ill  . 


68 


Local  Government  in  Canada. 


[232 


T    V 


for  local  purposes,  and  geiierally  to  adopt  measures  for  the 
good  government  of  the  resj)ective  districts  represented  in  these 
local  bodies.  The  Upper  Canadians  naturally  wished  to  elect 
their  own  Warden,  but  it  was  argued  that  it  was  inex[>edie;^t 
to  concede  to  one  province  privileges  not  given  to  the  other. 
The  French  members  in  the  legislature  were  not  only  opposed 
to  the  measure  passed  by  the  special  council,  but  believed  that, 
if  they  sanctioned  the  passage  of  a  liberal  measure  in  Upper 
Canada,  it  would  be  followetl  by  similar  legislation  for  Lower 
Canada.  The  most  influential  men  in  that  province  were 
opposed  at  that  time  to  any  system  that  night  impose  local 
direct  taxation  on  the  people.^ 

Imperfect  as  was  the  Act  of  1841 ,  it  was  the  commencement  of 
a  new  era  in  municipal  government  in  Canada.  In  the  course  of 
a  few  years  the  Act  was  amendet!,  and  the  people  at  last  obtained 
full  control  of  the  election  of  their  own  municipal  officers. 
Statutes  passed  from  time  to  time  swept  away  those  numerous 
corporate  bodies  which  had  been  established  by  the  legislature 
of  the  old  province,  and  provided  by  one  general  law  "  for 
the  erection  of  municipal  corporations  and  the  establishment 
of  police  regulations  in  and  for  the  several  countiee,  cities, 
towns,  townships  and  villages  in  Upper  Canada."*  Lower 
Canada  was  also  brought  into  the  general  system,  according 
as  the  people  began  to  comprehend  the  advantages  of  con- 
trolling their  local  aifairs.  The  ordinance  of  the  special 
council  was  repealed  in  1845  by  an  Act,  which  provided  that 
every  township  or  parish  should  constitute  a  municipal  cor- 
poration, represented  by  a  council  elected  by  the  people,  and 
presided  over  by  a  President  or  Mayor,  also  elective.^  This 
p?  ".sh  organizaiiLn  seemed  peculiarly  well  adapted  to  the  habits 
3  people  of  French  Canada,  where  the  parish  is  connected 
wu.    their  dearest  and  most  interesting  associations ;  but  for 


•  Dent's  Canada  since  the  Union  of  1841,  i.  146. 
•Con.  Stat.  12  Vict.  c.  80,  and  12  Vict.  c.  81. 
'Turcotte,  Canada  sous  1' Union,  ii.  24. 


233] 


Local  GovetTiment  in  Cknada. 


69 


some  reason  or  other  it  was  soon  changed  to  a  county  govern- 
ment, which  lasted  for  a  numl)er  of  years.^  Without,  how- 
ever, dwelling  on  the  numerous  acts  which  occupied  con- 
siderable time  in  the  legislature  for  years  with  the  object  of 
maturing  and  j>erfecting  a  general  municipal  system  a(«ept- 
able  to  the  people  and  commensurate  with  their  progress  in 
self-government,  it  is  sufficient  to  say  that  some  time  l)efore 
1867,  when  the  provinces  were  confederated,  Upj)er  and  Lower 
Canada  enjoyed  at  last  local  institutions  resting  on  an  essentially 
popular  biisis,  and  giving  every  possible  facility  for  carrying 
out  desirable  public  improvements  in  the  municipal  divisions. 
The  tendency  of  legislation  indeed  for  years  took  a  dangerous 
direction.  Acts  were  passed,  in  1853  and  subsequent  years, 
enabling  the  municipalities  to  borrow  money  for  the  con- 
struction of  railways  on  the  guarantee  of  the  province.'  The 
result  was  much  extravagance  in  the  public  exjienditures  and 
the  increase  of  local  taxation  in  many  rauncipalities  of  Canada, 
which  hampered  the  people  for  many  years,  notwithstanding 
the  benefits  derived  from  the  construction  of  important  public 
works,  until  the  government  was  forced  to  come  to  their 
assistance  and  relieve  them  of  the  burdens  they  had  imposed 
upon  themselves. 

At  the  present  time,  all  the  provinces  of  the  Dominion  of 
Canada  enjoy  a  system  of  local  self-government  which  enables 
the  people  in  every  local  division,  whether  it  be  a  village, 
town,  township,  parish,  city,  or  county,  to  manage  their  own 
internal  aifairs  in  accordance  with  the  liberal  provisions  of  the 
various  statutory  enactments  which  are  the  result  of  the  wisdom 
of  the  various  legislatures  of  the  different  provinces  within 
half  a  century.  It  is  in  the  great  province  of  Ontario  that 
we  find  the  system  in  its  complete  form.     While  this  system 


'  In  1855  Mr.  Drummond,  then  atto  .ev^eneial,  brought  in  a  bill  re- 
storing the  parish  municipality,  while  preserving  the  county  organization. 
Turcotte,  ii.  260. 

»  Turcotte,  ii.  202.    See  Consol.  Stat.  22  Vict.  c.  83. 


I  l<  ' 


60 


Local  Government  in  Canada. 


[2.34 


is  quite  symmt'trical  in  its  arranjijcnicnt,  it  is  also  thoroughly 
pnuitical,  and  rests  upon  the  free  aetion  of  the  ratepayers  in 
eaeh  njunicipality.     The  whole  organization  comprises  : — 

(1.)  The  minor  nuniieipal  corporations,  cousisting  of  town- 
sliips,  being  rural  districts  of  an  area  of  eight  or  ten  square 
miles,  with  a  population  of  from  3000  to  6000. 

(2.)  ViUages  with  a  popuhition  of  over  7')0. 

(3.)  Towns  with  a  population  of  over  2,000.  Such  of 
these  as  are  comprised  within  a  larger  district  termed  a 
"  county,"  constitute 

(4.)  The  county  municipality,  which  is  under  the  govern- 
ment of  a  council  composal  of  the  heads  of  the  different  minor 
municipal  divisions  in  such  counties  as  have  already  been 
constituted  in  the  province. 

(5.)  Cities  are  established  from  the  growth  of  towns  when 
their  population  exceeds  15,000,'  and  their  n.  mici pal  jurisdic- 
tion is  akin  to  that  of  counties  and  towns  combined.  The 
funeticms  of  each  municipality  are  commensurate  with  their 
respective  localities.'* 

The  Council  of  every  county  consists  of  the  Reeves  and 
Deputy  Reeves  of  the  townships  and  villages  within  the 
county,  and  one  of  the  Reeves  or  Deputy  Reeves  shall  be  the 
Warden.  The  Council  of  every  city  consists  of  the  INIiiyor, 
and  three  Aldermen  for  every  ward.  The  Council  of  every 
town  consists  of  the  Mayor  and  of  three  Councillors  for  every 
ward  where  there  are  less  than  five  wards,  and  of  two  for  each 
ward  where  there  are  five  or  more  wards.  The  Council  of 
every  incorporated  village  and  of  every  township  consists  of 
one  Reeve  (who  presides)  and  of  four  Councillors.     The 


'  As  a  matter  of  fact,  while  tlie  general  law  provides  as  above,  for  many 
years  past  it  has  been  the  practice  for  towns  in  Ontario,  when  they  liave  a 
population  of  ten  thousand  souls,  to  obtain  a  special  act  of  incorporation  as 
a  city.  See  case  of  City  of  St.  Thomas,  Ont.,  Stat.  44  Vict.,  c.  46.  Also, 
City  of  (Juelph,  1879. 

'Canadian  Economics;  Montreal  Meeting  of  the  British  Association, 
1884,  p.  317. 


H 


2.35] 


Local  Government  in  Cannda. 


61 


persons  clcotod  iiiust  I)€  natural-horn  or  naturalized  .subjects  of 
the  (iueon,  reside  within  the  municipality,  and  he  possesstil 
of  a  certain  le^al  or  equitahle  freehold  or  leasehold  varying 
from  S400  in  townships  to  ^1,500  in  cities  for  freehold,  and 
from  ijjHOO  to  !$.3,000  for  leasehold.  'J'lie  electors  niust  be 
ratepayers  in  the  municipality.  \Vid(»w8  and  unmarried 
women  who  are  in  their  own  right  rated  for  a  property  or 
income  qualification  suttieieut  to  (pialify  niale  voters  can  now 
vote  at  municipal  elections  in  this  j)rovin(^'.  Every  election 
uuist  be  held  in  the  nnmicipality  to  which  the  same  relates. 
The  election  is  by  ballot,  and  complete  j)rovision  is  made  for 
the  triid  of  controverted  elections  and  the  prevention  of 
corruj)t  practices.  The  nuitiicipal  officers  comprise  a  Wanh^n, 
Mayor  or  Keeve,  Clerk,  Treasurer,  Assessors,  Collectors, 
Auditors,  Valuators.  The  Mayors,  Reeves,  Aldermen  and 
Councillors  are  elected  by  the  taxpayers,  but  the  Warden 
and  all  the  other  municipal  officers  are  appointed  by  the 
Councils.  The  powers  of  these  bwlies  are  exercised  by  by- 
law,' when  not  otherwise  authorized  or  provided  for.  Certain 
by-laws  require  the  assent  of  the  mte|)ayers.  The  Councils 
liave  the  power  to  pass  such  laws  creating  debts  and  levying 
rates  uiKkr  certain  restrictions  set  forth  in  the  statute:  for 
the  purchase  of  property  ;  for  the  !i])pointment  of  nuuiicipal 
officers;  for  the  aid  of  agricultural  and  other  societies,  numu- 
facturing  establishments,  road  companies,  indigent  persons  and 
charities;  for  taking  a  census;  with  respect  to  drainage,  the 
purchase  of  wet  lands,  the  planting  of  ornamental  trees, 
driving  on  roads  and  bridges,  the  seizure  of  bread  or  other 
articles  of  light  weight,  or  short  measurement ;  for  the  security 
of  wharves  and  docks  and  the  regulation  of  harbors ;  for  the 
laying  out  and  the  improvement  of  cemeteries,  the  prevention 


'  This  legal  term  is  nn  historic  link  tliiit  hinds  our  ninnicipal  system  to  the 
old  Englisli  township.  In  the  shires  of  England  where  the  Danes  acquired 
a  firm  foothold  the  township  was  often  called  "  by"  ;  it  had  tlie  power  of 
enacting  its  own  "by-laws,"  or  town  laws,  as  municipal  corporations  have 
generally  to-day." — Fiske's  American  Political  Ideas,  p.  46. 


62 


Locid  Government  in  Canada. 


[236 


of  cruelty  to  animals;  for  tlio  pnrclm.se  (►f  property  retpiiretl 
for  the  erection  of  public  schools  thereon  ;  an<l  providing  for 
the  estahlinhment  and  support  of  public  sch(M)l8  acconling  to 
law  ;  for  the  rcgidation  of  fences ;  ft>r  the  preservation  of  the 
public  peace  and  morals;  for  the  licensing  of  ferries;  for  the 
establishment  of  markets,  fire  companies,  sewerage  and  dmin- 
agej  for  the  aid  of  railways,  by  taking  stock  or  granting  a 
loan  or  bonus  to  the  same.'  These  municipal  bodies  can  be 
restrainetl  in  Ontario,  as  in  other  provinces,  by  the  su|)erior 
Courts  when  their  by-laws  are  in  excess  of  their  powers. 
The  Courts  may  also  compel  them  to  exercise  their  power 
in  proper  cases.  The  provincial  Legislature  grants  the  muni- 
cipal authorities  certain  powers,  and  at  the  same  time  commits 
the  projHir  exercise  of  those  lowers  to  the  controlling  care  of 
the  Courts." 

The  Council  of  every  municipal  district  in  Ontario  has  now 
the  power  to  make  such  material  improvements  as  are  neces- 
sary for  the  convenience  and  comfort  of  the  people ;  but,  more 
than  that,  the  whole  municipal  organization  has  been  satisfac- 
torily adapted  to  the  requirements  of  a  national  system  of 
education.'  On  the  enteqwise  and  liberality  of  the  munici- 
palities depends  the  efficiency  of  the  educational  system  of  the 
province.  The  wealthy  communities  are  able  to  erect  school- 
houses,  which  are  so  many  evidences  of  their  deep  interest  in 
public  education  and  of  the  progress  of  a:\  utectural  taste  in 


'  Kevised  Statutes  of  Ontario,  c.  174. 

•O'Sullivan's  Manual  of  Government,  p.  191. 

^Tlie  Reverend  Dr.  Ryerson,  who  devoted  his  life  to  founding  and  devel- 
oping the  Ontario  system  of  Public  Instruction,  said  years  ago  on  this 
point :  "  By  their  constitution,  the  municipal  and  school  corporations  are 
reflections  of  the  sentiments  and  feelings  of  the  people  within  their  respect- 
ive circles  of  jurisdiction,  and  their  powers  are  adequate  to  meet  all  the 
economic  exigencies  of  such  municipality,  whether  of  schools  or  roads,  of 
the  diftusion  of  knowletlge,  or  tlie  development  of  wealth."  See  a  valuable 
account  of  the  working  of  the  system  in  one  of  the  official  publications  of 
the  Ontario  Government :  "  Educational  System  of  Ontario."  Edited  by 
Dr.  liodgins,  Deputy  Minister  of  Education. 


IS  ] 


237] 


Local  Govcmmnxt  in  Canada. 


•a 


the  ooiintn'.  The  Tjcpislaturo  hns  also  ^ivon  power  to  any 
inoorporak'd  city,  town  or  villapo  to  ostal)li«ili  tree  lihraries 
whenever  a  majority  of  the  taxpayerH  expresn  tlienir*4'Ives  in 
favor  of  sueh  institiitionM.'  In  Ontario,  aa  a  niK',  tnnnici- 
palities  have  taken  advantaj^e  of  the  aclininil)h>  opportnnitieH 
which  the  law  gives  thcni  of  promoting  the  welfare  and  hap|)i- 
ness  of  all  classes,  whicii  are  so  intimately  connected  with  the 
education  and  culture  of  the  ])eoplc.  The  city  of  1'oronto, 
indeed,  imme<liately  availwl  its<'lf  of  the  law  proviiling  for 
free  libraries,  and  has  set  an  example  which  it  is  to  l>e  hojHHl 
will  be  followed  by  other  commimities  in  Canada.  The  free 
library,  to  quote  from  an  eloquent  8{x»ech  delivered  not  long 
since  in  the  city  of  Birmingham,  **  is  the  first  fruit  of  a  clear 
understanding  that  a  great  town  exists  to  discharge  the  same 
duties  to  the  people  of  that  town  which  a  nation  exists  to  dis- 
charge towards  the  j)eople  of  that  nation."* 

In  all  the  other  provinces  the  municipal  system,  if  not 
quite  so  symmetrical  as  that  of  Ontario,  is  based  on  the 
same  principles.  In  the  province  of  (iuel)ec  the  municipal 
divisions  consist  of  villages,  towns,  parishes,  or  townships 
and  counties.  The  parish  is  necessarily  recognizcti  in  the 
general  law  provided  for  the  municipal  organization  of  the 


\n 


« Ont.  Stat.,  45  Vict.  c.  22. 

•A  very  intelligent  writer  in  the  Sineteenth  Century  (Aiigust,  188(5)  gives 
us  an  interesting  sketch  of  the  remarkuble  civic  developnieiit  of  tlie  great 
Midland  capital.  "  From  main  drains  to  free  librariew,  from  coal  gas  to  the 
antique,  whatever  concerns  the  physical  and  mental  well  l)eing  of  her 
children,  that  is  the  business,  the  official  business,  of  this  renowned  city  of 
the  Caucus.  .  .  .  That  the  city  cares  as  much  for  the  culture  of  her  people 
as  for  the  sweeping  of  her  streets  is  the  boast  of  every  Birmingham  man, 
from  the  Chief  Magistrate  to  the  humblest  master-craftsman  bending  over 
his  'factored'  work  in  his  own  gjirret.  And  lastly,  in  order  that  the  com- 
munity might  have  the  freest  possible  scope  for  its  energies,  there  came 
into  force  in  1884  the  Consolidation  Act,  one  of  the  chief  effects  of  which 
was  the  removal  of  the  limit  of  the  public  rate  for  libraries,  museums, 
galleries,  and  the  Art  School ;  and,  in  a  word,  the  extension  of  borrowing 
powers  indefinitely."  It  would  be  well  for  Canadians  and  Americans 
generally  to  study  the  recent  history  of  thib  enterprising  English  city. 


/. 


Ir 


64 


Local  Gover>micnt  in  Canada, 


[238 


ll 


■.*»■ 


province.  When  a  canonical  parish  has  been  once  formed 
by  the  proper  eeclefsiastieal  authority,'  it  may  at  any  time  be 
erected  into  a  municipality  by  civil  authority.  Alth()U<;ii  the 
law  makes  a  general  provision  for  the  civil  erection  of  a 
jiarish,  it  is  also  frequently  found  exjK'dient  to  avoid  the 
exi)ense  of  the  necessary  prtweedings  by  obtaining  special 
powers  iVom  the  Legislature  for  erecting  and  contirming  a 
parish  ibr  all  civil  purposes.*  The  County  Council  is  com- 
posed of  the  Mayors  of  the  several  local  municipalities  of 
the  coutity  in  which  those  olliciais  have  been  elected.  The 
Councillors  elect  one  of  their  number  to  be  Mayor  of  the 
local  jnijnicij)ality,  while  the  Warden  is  chosen  by  the  County 
Council.  The  principal  officers  are  the  Secretary-Treasurer, 
who  receives  and  })ays  out  taxes  and  other  moneys  in  accord- 
ance with  law,  Auditors,  Inspectors  of  Roads  and  IJridges, 
round-Keej)crs,  and  Valuators.  The  cities  and  towns  of  the 
pi'ovince  are,  iiowever,  incorporated  by  special  Acts,  and  their 
JNlayors  as  well  as  Councils  are  elected  by  the  people. 

In  t!ie  provinces  of  New  Brunswick  and  Nova  Scotia,  the 
people  w>.  '3  more  laggsird  in  adojiting  a  ninnicipal  system 
than  in  Upper  Canada.  Nova  Si'otia  had  for  years  a  j)er- 
niissive  Act  on  its  statute-book,  by  which  any  county  might 
be  incor|)oraied  when  the  people  made  fon.ial  application  to 
the  Governor-in-Council  in  the  manner  provided.  It  was 
not,  however,  until  1870  that  an  Act''  was  passed  providing 
for  the  incorjmration  of  the  whole  province.  The  County 
Councils  now  consist  of  a  Warden  and  Councillors.  The 
Council  elect  a  Warden  from  among  themselves,  a  Clerk, 
Treasurer,  Auditors,  Assessors,  Pound-Iveepei's  and  Overseers 
of  High  ways.  All  the  {H)wers  and  authorities  previously  vested 
in  the  (irand  .Fury  and  sessions,  in  special  sessions,  or  in 
Justices  of  the    i*eat!e,   to   make    by-laws,   impose   rates   or 


'  See  supra,  p.  28  note. 

*Kor  cxiiinplf,  (iuobeo  Stat.,  45  Vict.  c.  41. 

'Xovu  Siotiu  Stat.,  42  Vict.  c.  i. 


iis 


239] 


Local  Govenimoit  in  Canada. 


65 


assessiiunts,  aiul  appoint  township  or  county  oificors,  are  now 
exercised  by  the  various  nnini'ipal  Councils  in  the  province. 
The  money  annually  voted  I'or  road  and  bridge  service  is  now 
appropriated  by  tiie  Councils  of  the  municipalities  under  the 
ins])ecti()n  of  su])ervisors  or  commissittners.'  Cities  and  towns 
are  incorporated  by  special  Acts,  and  the  j\Iayors  ar.d  Wardens 
are  elected  by  the  inhabitants  duly  qualificil  by  law."  In  New 
Brunswick  a  similar  numicipal  system  has  been  for  years  in 
operation.' 

The  little  j)rovinee  of  I^-ince  Edward  Island,  however,  has 
never  established  a  complete  numicipal  system ;  the  Legislature 
is  practically  the  governing  body  in  all  matters  of  k)cal  im- 
provement. It  passes  acts  establishing  and  regulating  markets, 
and  making  j)rovision  for  the  relief  of  the  poor,  for  court 
houses,  jails,  salaries,  fire  department,  ferries,  roads  and  bridges, 
and  various  other  services  which,  in  the  more  advanced  prov- 
inces, are  under  the  control  of  local  corporations.  Every 
session  the  House  resolves  itself  into  a  committee  of  the  whole, 
to  consider  all  matters  relating  to  the  jHiblit!  roads,  and  tt)  pass 
resolutions  appropriating  moneys  for  this  piu'pose,  in  conlbrmity 
with  a  certain  scale  arranged  for  the  different  townshij)s.^  Char- 
lottetown  and  Summerside  havv'  special  acts  of  incorporation. 
J'rovisioi),  liowover,  was  made  some  years  aj.  for  the  estab- 
lishment of  certain  nmni(;ipal  authorities  in  towns  and  villages 
of  the  island.  Warilens  may  be  elected  by  the  ratepayers  of 
a  town  or  village,  to  perform  certain  municipal  duties  of  a 
very  limitid  character.'' 


'\.  S.  Stat.,  11  Vict.  ('.  i.,  and  liy  4.")  Viit.  v.  i.  and  A(>  Vict.  c.  i. 

'Soe  Act  iiu'orpuratiiiji;  town  of  Sydney,  -IS  \'irt.  o.  87.  It  is  not  oasy 
to  inidertstand  wliy  tiu-  nnnu.'i[>iil  h>  ;uIh  of  towns  in  this  province  should  ho 
calii'd  "  wardens."  .\  distinition  should  certainly  he  nuide  hetween  the 
warden  of  the  county  and  I  ho  heads  of  l\n;  other  uuniieipalilies,  ll  is 
confusing,  to  say  the  lesust, 

•'  Revised  Statutes  of  New  Ikunswi<  k,  e.  yy. 

•».\sseml)ly  .Jouriials,  188-1,  p.  '222. 

"V.  K.  I.Stat.,  :«  Vict.  c. -iO. 


5 


66 


Local  Government  in  Canada. 


[240 


f^ 


y^; 


4 


In  British  Columbia,  Manitoba,  and  the  Northwest  Terri- 
tories very  liberal  provision  exists  for  the  establishment  of 
munieipal  corporations  on  the  basis  of  those  that  exist  in 
Ontario.' 

VII. — Conclusion. 

I  have  attempted  in  the  preceding  pages  to  trace,  step  by 
step,  the  various  stages  in  the  development  of  that  system  of 
local  self-govermnent  which  lies  at  the  foundation  of  the 
political  institutions  of  the  provinces  of  the  Dominion.  We 
have  seen  that  progress  in  this  direction  was  very  slow  until 
the  people  increased  in  wealth  and  political  knowle<lge,  and 
Avere  granted  a  larger  measure  of  liberty  in  the  administration 
of  provincial  aifairs.  We  look  in  vain  during  the  days  of  the 
French  Regime  for  anything  apnroaching  those  free  institu- 
tions which  are  the  natural  heritage  of  an  Anglo-Saxon  people. 
Under  the  invigorating  inspiration  of  those  politiciil  repre- 
sentative institutions,  which  followed  the  supremacy  of  Eng- 
land in  Canada,  the  French  Canadians,  like  all  other  classes 
of  the  population,  learned,  at  last,  to  appreciate  the  advantages 
of  being  permitted  to  manage  their  own  local  aifairs.  It  is 
noteworthy,  however,  that  we  do  not  find  anything  approa(;h- 
ing  the  town  system  of  New  England  during  the  early  times 
of  British  North  America.  Those  primary  Assemblies  of 
Massachusetts,  which  were  so  many  representatives  of  the 
folkmoot  of  early  English  times,-  were  never  reproduced 
among  the  people  that  settled  the  provinces.  Indeed,  the  con- 
ditions under  which  those  countries  were  peopled  were  antago- 
nistic to  the  establishment  of  the  town  organizations  of  New 


>  See  Hrit.  Col.  Stat.,  c.  129 ;  Man.  Sttit.,  4(1  and  47  Vict.  c.  1 ;  Ordinances 
of  N.  W.  T.,  No.  2,  1885.  In  the  Noriliwest  Territory,  the  heads  of  the 
Councils,  outside  of  cities  and  towns,  »s»e  designated  "  ciiairmen."  P]lse- 
where  these  officers  are  known  as  "niavors."  In  Manitoba,  the  old  titles 
of  "reeve"  and  "mayor"  are  preserved  in  tiie  municipalities. 

•"A  New  England  town  meeting  is  M<sentially  the  same  thing  as  the 
folk-mote."    E.  A.  Freeman,  Aniericun  Institutional  History,  p.  IG. 


rS  5 


I 


241] 


LoccU  Government  in  Canada. 


67 


England.  The  British  government,  after  its  experience  of  the 
old  Thirteen  Colonies,  decided  to  guide  the  affairs  of  their 
remaining  poss^essions  with  the  hand  of  a  gentle  despotism, 
and  did  not  permit  the  formation  of  institutions  which  might 
weaken  the  allegiance  of  the  people  to  the  Crown.  It  was, 
however,  a  mistaken  idea,  as  it  was  clearly  pointed  out  in 
Lord  Durham's  Keport,  to  have  discouraged  the  establish- 
ment, at  an  early  period,  of  a  municipal  system  in  Canada, 
which  would  have  educated  the  people  in  self-government,  and 
made  them  more  capable  of  grappling  with  the  difficulties  of 
the  representative  institutions  granted  them  in  1791.  How- 
ever, the  genius  of  an  English  race  for  managing  their  own 
affairs  rose  superii,  >  the  influence  of  a  paternal  government 
many  thousand  milts  distant,  and  won,  at  last,  for  the  j^eople 
of  Canada,  a  complete  muni(;ipal  system,  which  may  well  be 
the  envy  of  the  British  jie(^)ple,  who  are  now  endeavoring  to 
extricate  themselves  from  the  chaos  of  local  laws,  which  make 
local  government  in  the  parent  state  so  unintelligible  to  the 
ordinary  citizen.^  All  sec<M>ns  and  peoples  of  the  Dominion 
are  equally  favored  in  this  respect.  Throwing  aside  the  tra- 
ditions of  a  race  unfamiliar  in  early  times  with  the  institutions 
of  the  Teutonic  peoples,  the  French  Canadians  have  also  been 
brought  to  a  large  extent  into  the  van  of  municipal  progress, 
and  enabled  to  promote  many  measures  of  local  necessity, 
which,  otherwise,  they  could  not  have  accomplished. 


'  "  Englisli  locril  government  <  only  be  called  a  (system  on  the  lucus  ii  non 
lueendo  princiyile.  There  is  neitln  ofirdination  nor  subordination  among 
the  numeriial  authorities  which  rejiulate  our  loail  affairs.  Eacii  authority 
appears  to  be  unacquainted  with  the  existencp.  or,  at  least,  with  the  work 
of  the  others.  'There  is  no  labyrinth  so  intricate,'  says  Mr.  (ioschen,  'as 
the  chaos  of  our  local  laws.'  Local  government  in  this  country  may  be  fitly 
described  as  consisting  of  a  chaos  of  areas,  a  'haos  of  authorities,  and  a 
chaos  of  rates."  Chalmers'  Local  Ciovernmean;  in  England,  p.  15.  No 
wonder  then  that  English  statesmen  have  at  Imc  awoke  to  the  necessity  of 
grappling  with  a  problem  which  Canada  i»t;rself  has  in  a  great  measure 
solved. 


UM 


hi 


68 


Local  GovernmeiU  in  Canada. 


[242 


I 


111  a  papor  of  a  strictly  historic  scope,  it  \voiild  ho  out  of 
place  to  dwell  at  any  length  on  the  merits  and  demerits  of  the 
institutions  which  now  prevail  throuj^hout  the  Dominion.  It 
is  only  necessary  to  say  that  we  should  not  conceal  from  our- 
selves the  fact  that  there  is  always  danger  in  a  system  which 
hands  practically  to  the  few  the  control  of  the  affairs  of  the 
many — which,  in  a  measure,  encourages  the  tendency  of  the 
Tr.ajority  to  shift  responsibility  on  to  others,  and,  consequently, 
gives  constant  opportunities  to  the  corrupt  and  unscrupulous 
demagogue  to  manage  the  municipal  affairs  of  a  community  in 
a  manner  most  detrimental  to  the  public  interests.  Indiffer- 
ence to  municipal  alFairs  on  the  part  of  those  who  should  have 
the  greatest  stake  in  their  careful,  economical  management,  is 
an  ever  jirosent  peril  under  a  system  like  ours.  The  absten- 
tion of  the  educated  and  wealthy  classes  from  participation  in 
local  affairs,  is  .i  growing  evil  which,  in  some  communities  in 
the  United  States,  has  led  to  gross  extravagance,  corruption 
and  mismanagement.  No  doubt,  if  it  were  possible  to  resort 
to  the  folk  moot  of  the  old  times  of  our  ancestors,  or  to  their 
best  modern  exemplar,  the  township  meetings  of  New  Eng- 
land, and  permit  the  people  to  a«^emble  and  consult  together 
on  their  local  affairs,  a  public  advantage  would  be  gained ; 
but,  unfortunately,  such  asseml)lages  seem  only  possible. in 
])rimitive  times,  Avhen  population  is  sparsely  diffused,  and 
large  cities  and  towns  are  the  (-xception.^     The  rapid  increase 


*  Pim-e  the  remarks  in  tlie  text  were  penned,  I  have  liad  an  opportunity 
of  reading  a  paper  on  the  Town  and  City  (lovernment  of  New  Haven  by 
C.  H.  I^vermore,  Pli.  !>.,  in  wliicli  the  impractieability  of  the  old  town 
system  of  New  England  under  modern  conditions  is  dearly  proved.  In 
New  Haven,  there  is  a  dual  system  of  town  and  city  government.  The 
annual  town-meeting,  the  ancient  general  court  for  the  town  (the  folkmoot 
of  all  the  voters  resident  in  the  Kepul)lic  of  New  Haven),  is  still  periodi- 
cally held  for  the  eleulion  of  town's  oflicers,  authorizing  and  estimating 
expenditures,  and  determining  the  annual  town  tax  for  75,000  people. 
The  author  cited  says  (p.  G9) :— "This  most  venerable  institution  in  the 
community  appears  to-day  in  the  guise  of  a  gath»riiig  of  a  few  citizens, 
who  do  the  work  of  as  many  thousands.    Only  u  few  understand  the  sub- 


1^ 


243] 


Local  Government  in  Canada. 


G9 


of  population,  and  the  numerous  demands  of  our  complex 
civilization,  have  forced  on  us  a  municipal   system  which 
must  be  representative  in  its  character— which  must  entrust 
to  a  chosen  few  the  management  of  the  affairs  of  the  whole 
community.     The  dangers  of  the  system  are  obvious  to  all, 
and  should  be  carefully  borne  in  mind  by  the  intelligent  and 
sagacious  leaders  and  thinkers  of  every  community.     Hap- 
pily, as  the  peril  is  ap^xircnt,  so  the  remedy  is  always  open  to 
the  majority.     The  security  of  our  local  institutions  rests  on 
the  vigilance  of  an  outspoken  press,  on  the  watchfulness  of 
the  superior  legislative  bodies,  and  on  the  frequency  of  elec- 
tions, during  which  the  people  have  abundant  opportunity  of 
criticising  and  investigating  the  administration  of  municipal 
affairs.     On  the  whole,  then,  it  would  be  difficult  to  devise 
and  mature  a  system  better  calculated  to  develop  a  si)irit  of 
self-reliance  and  enterprise  in  a  conununity,  or  to  educate  the 
people  in  the  administration  of  public  affairs.     It  is  not  too 
much  to  say  that  the  municipal  bodies  of  this  country  are  so 
many  schools  where  men  may  gain  a  valuable  experience, 
which  will  make  them  more  useful,  should  they  at  any  time 
win  a  place  in  that  larger  field  of  action  which  the  Legislature 
offers  to  the  ambitious  Canadian. 


iects  which  are  nnder  discM.ssion.  But  citizens  of  nil  parties  and  of  all 
grades  of  respectability  is^nore  the  town-meeting  and  school-meet  nip  alike. 
Not  one-seventieth  part  of  the  citizens  of  the  town  has  attended  an  annual 
town-meeting;  they  hardlv  know  when  it  is  held."  The  proposal  to  abol- 
ish this  dual  svstem  where  it  exist  in  New  England,  and  substitute  a  simple 
administration,  is  now  familiar  to  every  one.  The  old  system,  in  fact,  has 
uiiilived  its  usefulness. 


APPENDIX. 


SUCCESS  OF  THE  MUNICIPAL  SYSTEM  OF  ONTARIO. 


J;i 


1 


The  author  lias  had  permission  to  make  tlie  following  extracts  from  an 
interesting  letter  received  by  him  from  the  Honorable  J.  R,  Gowan,  LL.  D., 
of  Barric,  Ontario,  who  was  for  over  forty  years  actively  engaged  in  the  judi- 
cial office,  and  who,  in  the  course  of  his  useful  career,  had  very  much  to  do 
with  perfecting  the  flexible  system  of  local  government  which  the  province 
now  enjoys : 

"  I  have  been  familiar  with  our  modern  municipal  system  since  it  was 
instituted,  and  with  the  exception  of  the  first  statute  passed  in  1841  had 
something  to  do  with  the  preparation  or  criticism  of  nearly  every  amending 
Act  up  to  the  lime  of  Mr.  John  Sandlield  Macdonald's  administration. 

"  I  was  rather  opposed  to  the  measure  of  decentralization — the  establish- 
ment of  Township  Councils  which  did  not  work  at  all  well  at  first.  Many 
of  the  men  selected  for  some  time  tiiereafter  had  neither  tlie  education  nor 
the  experience  to  enable  them  to  work  advantageously  under  the  law,  and 
as  respects  ('ounty  Councils,  though  tlie  number  of  members  was  large,  their 
proceedings  were  in  effect  shaped  and  directed  by  a  very  few  leading  men. 
All  that  is  changed,  and  the  new  generation  are,  for  the  most  part,  trained 
very  fairly  in  the  work  of  deliberative  bodies ;  first,  as  school  trustees,  tlien 
in  the  Town  and  Townshii)  Councils.  Above  all  other  things,  our  excellent 
scliool  system  has  diflused  the  benefits  of  a  sound  education  and  given  the 
new  men  enlarged  views.  ^Vithout  these  advantages  the  municipal  institu- 
tions of  Ontario,  with  their  large  powers  and  the  indisposition  of  men  of 
means  to  take  part  in  them,  would  have  been  ere  this  a  curse  to  the 
country.  The  (uunty  Councils  are  now  practically  schools  in  which  men 
are  gradnate<l  in  procedure  and  debate,  and  taught  something  of  the  art  of 
self-government.  It  is  largely  from  these  bodies  that  aspirants  for  the 
House  of  Commons  and  Legislative  .\ssembly  come.  I  can  remember  that 
in  my  own  county  some  eight  men  of  this  class  have,  in  the  course  of  years, 
presented  themselves  for  the  former  body,  and  of  these  five  were  elected, 
70 


h    \ 


245] 


Local  Government  in  Canada. 


71 


and  that  nine  men  have  been  returned  out  of  twelve  candidates  who  ofTered 
for  the  local  Legislature. 

"  I  take  some  credit  to  myself  for  an  effort  from  the  first  to  inspire  the 
body  in  my  own  con  ty  witli  a  respect  for  the  position.  I  endeavored  to 
impress  on  them  my  views  of  the  advantages  of  doing  things  decently  and 
in  order^-especially  the  value  of  well-defmed  niles  of  procedure  and  the 
imi>ortance  of  u  strict  adiierence  to  them,  and  of  being  governed  in  matters 
not  fully  defined  by  the  usages  of  Parliament.  Even  in  the  matter  of 
externals  the  County  Council  of  my  county  has  sliown  a  proper  spirit,  for 
some  forty  years  ago  the  Warden  assumed  gown  and  coclced  hat  wliile  in  the 
cliair — a  usage  kept  up  by  all  the  officials  ever  since. 

"The  result  of  the  establishment  of  local  government  in  Ontario  has 
exceetled  my  most  sanguine  expectations.  I  have  on  several  occasions 
listened  to  debates  in  the  County  Council  conducted  with  considerable 
ability  and  with  as  much  decorum  as  one  finds  in  the  highest  deliberative 
bodies  in  tlie  country.  The  County  Council  sitting  at  Barrie  is  the  largest 
body  of  the  kind  in  Canada,  numbering  some  sixty  Reeves  and  Deputy 
Eeeves;  and  the  proportion  of  fair  debaters  is  quite  up  to  that  of  any 
Ijcgislature  I  know  of.  But  the  number  is  now  too  great ;  that  arises  from 
tlie  rapid  increase  in  the  population  of  many  municipalities.  As  good  and 
perhaps  better  work  might  be  done  with  half  the  number.  The  time  is  fast 
approaching  when  the  number  must  be  limited ;  but  it  is  diflScult  to  settle 
the  proper  basis  of  representation,  so  marked  is  the  difference  in  the  popu- 
lations of  the  several  townships  and  towns.  Taking  it  all  in  all,  however, 
municipal  government  in  Ontario  is  a  success ;  there  is  nothing  elsewhere 
equal  to  our  system.  It  has  its  evils;  amongst  them,  the  mode  of  assess- 
ment  by  officers  appointed  in  and  acting  for  each  locality.  "Log-rolling" 
is  not  unusual  when  the  assessment  of  the  county  comes  to  be  etiualized. 
But  on  the  whole,  I  repeat,  the  system  has  turned  out  well  on  account  of 
the  diffiision  of  education  and  the  general  distribution  of  property,  not  to 
speak  of  the  race  of  British  blood  who  have  developed  it.  Tliese  causes, 
together  with  annual  elections,  have  been  the  great  safeguards  for  the  due 
execution  of  the  large  powers  conferred  on  the  municipal  bodies." 

To  the  foregoing  testimony,  I  may  add  the  following  passage  from  an 
answer  by  the  same  high  authority  to  an  address  presented  to  him  not  long 
since  by  the  Council  of  the  County  of  Simcoe,  where  the  municipal  system 
has  been  worked  out  in  its  completest  form : 

"We  can  now  fairly  claim  tliat  we  jxissess  the  most  perfect  system  of 
municipid  government  enjoyed  by  any  country,  and  have  proved  that  an 
intelligent  and  educated  people  may  be  safely  entrusted  with  the  manage- 
ment of  important  matters  demanding  local  administration — matters  that 
would  but  retard  and  embarrass  the  proceedings  of  the  higher  legislative 
bodies,  if  indeed  they  were  there  able  to  secure  the  attentions  they  deserved. 
In  many  respects  our  County  stands  foremost,  and  having  watched  its  pro- 
gress from  the  primitive  condition  of  a  'new  settlement,'  I  am  filled  with 


72 


Local  Govamment  in  Canada. 


[246 


admiration  of  the  patient  industry  and  intelligent  energy  that  liave  accom- 
plished HO  much  in  a  period  of  forty-one  years.  You  know  tliat  at  first  we 
had  barely  pas.sal)le  roadways  througli  tlie  '  woods,'  that  farming  operations 
were  conducited  in  a  very  imperfect  way,  that  commerce  and  manufactures 
were  scarcely  in  tiie  bud,  timt  tlie  few  sclioois  whicii  existed  were  imperfectly 
served  and  ill-regulated,  wiiile  tlie  municipal  system  was  a  recent  creation, 
and  moreover  that  ready  submission  to  the  law  of  the  land  was  not  uni- 
versal. Many  of  you  will  remember  the  time  when  this  state  of  things 
prevailed,  and  will  know  what  a  contrast  presents  itself  aa  you  now  look 
around  you — the  whole  country  accessible  by  excellent  roads,  and  more 
than  that,  netted  all  over  with  railroads,  agriculture  in  its  various  aspects 
carried  on  intelligently  by  an  educated  farming  community,  free  public 
schools,  with  eflicient  teachers  under  a  uniform  system,  within  easy  access 
of  all,  the  laws  everywhere  respected  and  cheerfully  obeyed,  and  last 
though  not  least,  our  municipal  system  permeating  every  part  with  its 
healthy  influences — yes,  when  you  look  around  you  you  cannot  help  feeling 
that  ours  is  a  hajjpy  and  honorable  position,  an(f  must  bless  God  every  day 
that  your  lot  is  cast  in  a  free  country,  wliere  there  is  work  for  all,  and  bread 
for  all ;  where  honest  labor  meets  its  appropriate  reward,  and  where  any 
deserving  man  in  the  community  may  aspire  to  the  highest  place  and  the 
largest  power  for  serving  his  country." 


t^'^l 


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"Tills  splendid  muRazlnp  li  iiincrtnrldii  nnd  niiKi'dliiiinl,  IncliidiMK  In  ltd  wope  Hienips  looalljr 
IntcrvMiilix  to  all  |>aiiN  nl  tlic  loiiiiUy-iiorlh,  iiciutli.  I'UnI,  iiiul  wcnl— iiiiil  la  liuly  u  luuKU/.Inu  of 
Aniurican  hiMiory  in  Iti  wldoxi  r<i'n»t'.  'I'lio  piiT.!  iinn  the  pri-iiiMit  uliko  iiunn  In  review  in  iM  liroad, 
lull  iMiKi'H." — Thi  Miiininij  Tih iiniiit,  .Miilnlc,  Aliiliaina. 

"All  lliliig!!  L'onMlduri'd,  III)  iiuiga/.lni!  iKxiiud  in  thlN  ((luiitry  npp>'ulH  at  HtrDnuly  M  tliin  to  the 
ii.tvi'VAi.'<  ot  Arnuricun  ri-adttis  In  ilx  paKi>!<,  Inini  niuuili  to  niontli,  nppcur  tins  IrrHlieitt,  Itest 
aiillit'iitU'utol,  and  nmsl  icudiilili;  u<:>'<iiiiiln  of  tliu  giiat  cvuiils  in  oiii'  iialiniiul  hintoiy,  witn 
t-ri'ertaiiiiiiK  oiteii  hesol  Ann'iii  hiin  wIio  have  Iji-rii  |iic)iiiini-iii  in  tlii'  kk  ui  niuMini'iitHut  iIil-ukl', 
Ix'.i'di'M  niiicTi  inrurnuiiion  dI'ii  iiii^tN'llajicou.H  cliaractt'r  piTlaliiinkt  td  llic  cnuntiy  and  ilH  lilatury. 
It  IH  piiiitt'cl  ill  large,  i  lear  Ijpe,  and  topioiisly  illiutnited." — iVcic  Ymk  Ohnriirr, 

"It  Ik  a  nuiKiiitlccnt  pcrindical,  tliii'ly  and  heantitiilly  llliiHtrHted,  and  u  eredit  to  American 
srliolarHhip.  ItH  aim  is  to  explon*  anil  develop  tliu  I'icli  iniiie.t  ot  iiinlorieul  nialeriaU  In  onr  own 
eo  inliy."— Ci/wi/if/Viiiii/  J'ri:slii/li:riiiii, 

"  ThiMinngazi  lie  HtandH  (|iiiie  alone,  both  in  Kngluiid  and  Auivrica,  for  general  iittravtiveneBS 
In  its  own  I'lnmen  Held." — /{imtim  AilverlUer. 

"It  1»  exinilidtely  printed  on  tine  paper,  and  reniarkaMy  well  edited." — Tolnlu  Commr.rcinl. 

"The  aim  and  Heope  ot'  liiii  niuga/inu  Ik  Niieh  as  to  enniniend  ii  to  I'very  tlioiiglitt'ul  Ktuduut  of 
Aiuerieuii  history  and  every  friend  i.f  JU-pnbiicuu  InHtitutions,"— y/<«  J'ravtkulJ-'armer, 


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HISTORY. 


Students  and  Teachers  of  History  u- ill  find  the  following  to  be  invaluable  aids: — 
STUDIES  iN  GENERAL  HISTORY. 

( lOno  I),  c.  to  \HHO  A.  I).)    An  appULHtion  of  the  Siieiitific  Motliod  to  tbe  Teneliliig  of  Hisilorf . 

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METHODS  OF  TEACHING  AND  STUDYING  HISTORY. 

r.ditcd  by  <i.  Stani.ky  Hai.i.,  I'rofessor  of  I'sychology  and  I'cdagogy  in  .lohns  Hopkins  Uni- 
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LARGE  OUTLINE  MAP  OF  THE  UNITED  STATES. 

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maps  will  l)r  found  invaluable  lo  classes  in  history,  for  use  in  locatin:{  prominent  historical 
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Itory. 
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Itngcs 

I  with 
In 

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The  Philosophy  of  Wealth. 

Economic  PuiNciri.Ks  Ni:\vi,y  Fokmii,ati:t).  I'.y  John  15.  ('i,aimv,  A.  M., 
Professdr  of  History  ami  I'oliticiil  Sciiinv  in  Smitii  ( '((llfgc;  LcctiirtT on  Politi- 
cal Erononiy  in  Anihorst  Collcgf,    JNIailing  'nice,  !|>1.1U;  lor  Iiitroiliictinn,  ^1.00. 

In  general,  this  work  is  a  iTstatciiii'iii  of  economic  principles  in  liarniony 

Wltll  the  modern  spirit,  discanling  tiie  Kicanlian  nictiioil,  free  Iroin  dnrlri- 
naircimn  and  |)C's.siinisi>!,  ann  recognizing  the  operation  of  higher  motives  ol'aetit)n 
than  pure  self-interest. 

In  partieular,  the  work  aims  to  secure  a  more  phihKophicMl  coiiceptlon  of  wealth. 
lahor,  and  value,  and  of  the  economic  processes  considered  as  activities  of  the  >ocial 
organism;  it  attempts  to  lay  a  fomidation  for  the  solution  of  tiie  lahor  pnil)lem, 
by  presenting  a  Theory  of  Distrilmtioit  in  which  accoimt  is  taken  of  the  growing 
solidarity  of  capital  and  of  lahor,  of  the  narrowintr  limit-;  of  coiiipctilion,  and  of 
the  inereasini;  ticld  afionled  for  the  action  of  moral  I'orccs. 

The  book  is  intcn<icd  for  general  readers,  and,  whih'  not  in  the  form  of  a  text- 
book, and  not  a  complete  discussion  of  politii-;  i  economy,  may  lie  used  with  advan- 
tage by  classes  who.-e  teachers  instruct  partly  by  h'ctures  and  topical  rcadiui;. 

The  eloarness  and  originality  of  the  thought,  and  the  freslincs>  of  tin-  style,  serve 
to  render  the  work  singidarly  stinudating  and  suggestive  as  well  as  instructive. 

Pkofessob  II.  C.  AoAMS,  L'niversily  of  Michi<ian  and  Cornell  Vniversittj,  in  lie  Pulitical  Science 

(liwrtnhj,  IJicemher,  IHSd. 
"  I  caiMiot  express  tiio  warmly  my  aiiprociation  of  (liis  treatise.    It  presents  ilu'  rare  exocllonce 
of  fully  roi'OKiiiziiip  the  inllui  nci' of  moral  tones  in  eeonomie  actions  while  at  tlu-  same  time 
inHin  taming  tiie  sciinli  lie  spirit  in  the  analysis  of  imliistrial  processes     Its  title  is  not  misleading. 
From  the  first  chapter  to  the  last  it  is  a  scholarly  discussion  of  the  I'hihjsophy  of  Wealth." 

Pkokkssor  RiCHAUn  T.  Ei,y,  Johns  Unjikins  I'nirersity,  liallimurf,  Md.,  in  Science. 
"A  remarkable  hook.  Such  is  my  involuntary  exehiniation  as  I  linisli  reading  I'rof.  Clark's 
book,  'The  I'hilosopliy  of  Wealth.'  ...  It  is  a  trealnient  ol  fundamental  pi  ineiph  s  in  economies 
in  wliich  every  page  is  lumiiioiis  with  clear  analysis  and  profound  tlioeulit.  Yet  the  entire  work 
is  most  nraetical,  and  slionid  attract  the  attention  of  all  interesied  in  the  prohliius  of  the  day. 
...  I  close  this  notice  of  I'lof.  Clark's  hook  with  tlie  unhesitating;  iisseitioti  that  it  Is  one  of 
the  most  important  contrihutions  to  economics  ever  made  by  an  American." 

The  A  fie  of  Steel. 
"The  original  and  instructive  mi'thod  adopted  by  the  author  in  the  preparation  of  hisexicllent 
liook  Is  adniiralily  illustrated  in  his  chapter  on  'The  I'rinciples  of  Cooperation,'  a  short  synopsis 
of  wliich  will  interest  our  readers," 

The  Dial,  Chicago. 
"I  believe  I  pronounce  a  verdict  to  wliivh  there  will  be  general  assent  when  I  say  that  thi.s 
slender  voluiue  is  the  most  original  and   valuable  contribution  made  by  an  American  of  this 
generation  to  the  discussion  of  economic  coMcejitions  and  principles." 

The  Globe,  Bo.tlon. 
"It  is  original  in  its  views,  and  strong  in  its  roasouiug,  and  will  carry  weiglit  among  intelli- 
gent readers. 

THE  POLITICAL  SCIEXCE  QUARTERLY,  edited  by  the  Faculty  of  Poliii- 
cul  Science  of  Colinnbia  College.     Annual  suUscription,  $3.00. 
"  A  Review  of  great  promise."— ./oHmn/  des  Econominlex,  Paris. 

MACY'S  OUR  GOYERSMENT.     Mailing  price,  88  cents. 


GINN  &  COMPANY,  Publishers, 

Boston,  New  York,  and  Chicago. 


!     ' 


Amkrican  Economic  Association, 

Ohganizkd  at  Sakatooa,  8eptp:mbj:r  9,  1885. 


MONOGRAPHS  ON  COOPERATION 

Cooperation  in  a  Western  City,    liy  Ai.rEur  Shaw,  I'll.  D.,  Editor  of  the 
Minnenpolig  Tribune,  Avthor  of  Icaria,  etc.     Priie  75  cents. 


TA.BI-.K    OF   CONXKXTS. 


I. 

II. 

III. 

IV. 

V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 


Tlie  Co<5jH.rafi'  c  Coopers  of  ^liiimapolis. 

A  ('()(ip<'riitiv(>  Agricultm-iil  Coldviy. 

Oiopirativc  IVotit  sliaiinp  in  tlio  rillslnirv  MiU& 

Minneapolis  I  oopentive  Mwcantile  CoDipany. 

A  ('o(")p(  nitive  Laundry. 

Tlie  Diunia-i  Coopt-rs. 

Coiipinition  aiiion.tf  Painters. 

< '(H.pirativ'   l?nil(lin<r  Assdciatitnis. 

The  Bnildin-;  Societies  of  St.  I'aul. 

l'n>ncces>fiil  Attenipt.s  at  CiKiperatiop.. 

The  X»\v  hnj)nlse. 

Thi.s  is  an  athnii;'.ble  niono<;rapli  on  Cooperation  in  tlie  City  of  Minneapolis, 
where  soiiu-  of  the  most  suceessful  eooperative  enterprises  in  the  United  States  are 
now  in  operation.  

Cooperation  in  New  England.     V>y  Ki)W.\i!i)  W.  I5k>iis.  IMi.  D.    Price  75 

cents. 

TA-BT.K    OF    C0N^TB:NTS. 

I.  Karly  History. 

II.  Patrons  of  Hushandry. 

III.  Sovercijins  of  Industry. 

IV.  I'^xistin;^  Coi'ipcrative  Stores. 

y.  Prodiietive  Coi'lperation  withont  Divilends  to  I.ahor. 

VI.  Productive  Cooperation  with  l)ividends  to  Labor. 

VII.  Co'lperative  Hanks. 

VIII.  *irowth  of  Cooperation. 

IX.  Profit  Sharing. 

X.  Statistical  Tables. 

r>r.  Heinis  has  made  a  careful  study  of  Coiiperation  in  New  Eiifrland,  and  liis 
work  is  not  only  a  practical  guide  for  Coilpcrators,  but  also  contains  nmjh  to 
interest  the  student  of  the  labor  proldein. 


Any  pulilicalion  of  the  .\ssociatioii  .sent  on  receipt  of  price. 
Address, 

RICHARD  T.  ELY,  Sec'y, 

Johns  Hopkins  University,  Baltimore,  Md. 


the 


are 


10 


to 


American  Economic  Association, 

Organized  at  Sauatoga,  September  9,  1885. 


FRANCIS  A.  WALKKFl,  LL.  D.,  .    .    ,     Massachusetts  Institute  of  Technology. 

1  "ice- 1' reside  u  ts. 

HENRY  C.  ADAMS,  Th.  D.,  .  Univcrsitv  of  Michigan  and  Coincll  University. 
EDMl'MI)  J.  JAMES,  I'll.  I).,  .....'...  rniversitv  of  IVnusvivania. 
JOHN  U.  CLARK,  A.  M., ."    .  Smith  College. 

Serretavji. 

inCFIAIiF)  T.   EF.Y,  Ph.  D.. 
Address:  Johns  ll(»j)ivins  University,  IJaltiniore,  Md. 

Tret^mwer, 

EDWIN  R.  A.  SELIGMAX,  Ph.  I) Columbia  College. 

Address :  20  West  ;{4th  Street,  New  York. 


OBJECTS. 

1.  The  cncoiirafrcnient  of  economic  research. 

2.  Tlie  puhlieation  of  economic  mono^raplis. 

'^.   The  encouragement  of  perfect  freedom  in  all  economic  discus-ion. 
4.   Tiie  estal)lishment  of  a  Kureau  of  Information  designed  to  aid  members  in 
their  economic  studies. 

PUBLICATIONS. 

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tion.    P.y  HiCHAHi)  T.  Ki,v,  Ph.  I).,  Secretary.     Price  'lO  cents. 

Nos  2  and  3.  TIio  Relation  of  tlie  Modern  Municipality  to  the  Gas  Sup* 
ply.  15y  Ed.mum)  J.  J.\Mi;s,  Ph.  I).,  of  the  Wharton  Sciuiol  of  Finance 
and  Economy,  University  of  Pennsylvania.     Price  75  cents. 

Xo.  4.    Cooperation  'n  a  Western  Cify.    ]{y  Ai.ukkt  Sii.nv,  Ph.  D.,  Rlitor 

of  the  Miniioipolis  Tribune,  Autlior  of  Luiria,  etc.     Price  To  cents. 

No.  5.    Cooperation  in  New  Engrland.     IJy  Eowaud  W.  IJkmis,  Ph.  D. 

Price  To  cents. 

No.  6.  Relation  of  the  Stale  to  Industrial  Action.  I5y  lIiMiv  C.  Ahams, 
Ph.  D.,  of  the  L'niversity  of  Micliifiiin  and  Cornell  ruiversily.  Price 
75  cents. 

V  O  T^  .    II. 

No.  1.    Three  Phases  of  Cooperation  in  llie  West.    Hy  Amos  (r.  Warner, 

Fellow  of  the  .lohns  Hopkins  University.     Price  7")  cents. 

No.  2.    Historical  Skelch  of  the  Finances  of  Pennsylvania.     By  T.  K. 

W()inHiX(iTON,  A.  B.     With  an  Introduction  by  lllciIARD  T.  Ely, 
Ph.  D.     Price  75  cents. 


Id. 


The  publications  of  the  Association  will  number  at  least  six  a  year,  and  will 
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Couuuunlcations  may  be  addressed  to  the  Secretary, 

RICHARD  T.  ELY, 

Johns  JIuj)/ci)t)s  Uitivcnity,  linUimore,  Md. 


..•I;: 


JOHNS  HOPKINS  UNIVERSITY  STUDIES 


I  N 


Historical  and  Political  Science. 


Hi:niJ  HIT  B.  Adaims,  Editor. 


The  first  annual  .sorios  uf  niontlily  nion<)gra])li8  devoted  to  His- 
tory, Polities,  and  Economies  Wiis  l)e<!;un  in  1882-3.  Four  vol- 
umes have  thus  far  aj)|)eared. 

The  sej)arate  volumes  bound  in  cloth  Avill  be  sold  as  follows: 

VOLUME  I.— Local  Institutions.    479  pp.    $4.00. 
VOLUME  n. — Institutions  and  Economics.    629  pp.    $4.00. 
VOLUME  III.— Maryland,  Virginia,  and  Washington.  595  pp.  $4.00. 
VOLUME  IV. — Municipal  Government  and  Land  Tenure.     610  pp. 

Thr  .-rl  (ij  four  voliinirH  will  he  unld  Infjcthcr  for  $12.50  net. 

VOLUME  V. — Municipal  Government  and  Economics.     (1887.) 

Tliis  riiliime,  will  he  Ji'i'iiinlied  in  mniithhj  purls  tipon  recerpt  of  Huhxcrijition 
price,  $;} ;  or  the  hound  volume  will  be  se)U  id  the  end  of  the  year  18S7  j'or 
!}>;>  oO. 


*;l 


EXTRA  VOLUMES  OF  STUDIES. 

In  connc(  tioii  with  the  rogiiiar  annual  series  of  iStudies,  a  series  of  Extra  Vol- 
uines  is  proposed.  It  is  intended  to  print  them  in  a  style  uniform  with  the  repf- 
iilar  Studies,  but  to  puhlish  eaeli  volume  l»y  itself,  in  uumbered  so(iiU'iiee  and  in 
a  cloth  hindiuf?  uniform  with  the  I'irst,  Second,  Tiiird  and  I'ourth  series.  The 
volii//K's  will  vary  in  si/e  from  'JUO  to  'M)  papes,  with  corres})ondinK  [irices.  Sub- 
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rates. 

EXTRA  VOLUME  I.— The  Republic  of  Nev7  Haven:  A  History  of 
Municipal  Evolution.     Hy  Ciiaiii.ks  il.  Li;vkjimoke,  Ph.  D., 
I'altimore. 
This  volume,  now  ready,  comprises  '.\hO  pages  octavo,  with  various  dia- 
grams and  ail  index.     It  is  sold,  bound  in  cloth,  at  $2.00. 

EXTRA  VOLUME  II.— Philadelphia,  1681-1887:  A  History  of  Muni- 
cipal Development.     J5y  Edward  1*.  Ali.inson,  A.  M.  (ilav- 
erford),  and  lloiKS  Pknro.si;,  A.  I?.  (Harvard). 
The  volume  was  published  in  March,  1887,  and  comprises  about  ooO  pages, 
octavo.     It  will   be  sold,  boiiiul  in  cloth,  at  $3.00;   in  law-sheep  at 
$;i."»n;  and  at  reduced  rates  to  regular  subscribers  to  the  "Studies." 
EXTRA  VOLUME   III. -Baltimore  and  the   Nineteenth  of  April, 
1861.      J5y  (iEOHdi':  Wiij.iajM    Buuwn,  Chief  .Iiidge  of  the 
Supreme  Ikncli  of  I'laltimore  and  Mayor  of  the  City  in  18G1. 
Tliis  volume  was  published  in  March,  1887,     Price  $1.00. 


All  communications  relating  to  subscriptions,  exchanges,  etc.,  should 
be  addressed  to  the  Publication  Aoencv  of  the  Johns  IToi'kins  Univer- 
sity, BAl^TIiMOUE,  MaKYLAND. 


The  Republic  of  New  Haven. 

A  History  of  Municipal  Evolution. 

By  CHARLES  H.  LEVERMOKE,  Ph.  D. 

Fellow  in  Hittory,  1881,-85,  Johns  Jlopkins  UnivtftUy. 


This  work  is  a  now  study,  from  original  roconls,  of  a  most  roniarkal)le 
cluipter  of  municipal  (levoloj)nitnt.  Bcfrimunjr  with  an  ]']ni;lish  j^form 
in  the  I'arish  of  St.  Stcplicii,  C'ok'inaii  Stirt't,  J^ondon,  Dr.  Lcvi'rnioro 
has  traced  the  evolution  of  the  Kev.  Jolin  Davenport's  church  into 
a  veritahle  commonwealth,  in  which  the  life-forces  of  Old  England 
circulate  anew. 

The  Kepuhlic  of  Xew  Haven  is  unicpu'  and  one  of  the  most 
interestiiig  of  all  American  commonwealths.  It  was  a  city-state, 
self-contained,  seif-sufhcing,  like  the  municipal  commonwealths  of 
antiquity.  It  is  imj)ossil)le  to  measure  the  greatiKss  of  (Ireek  cities 
or  of  the  Italian  rej)ublics  by  their  extent  of  territory.  It  is  equally 
impossible  to  estimate  the  colonial  and  municipal  life  of  America  by 
anv  standards  of  material  I'reatncss,  And  vet  few  ijcrsons  realize  how 
far-reaching  in  American  History  is  the  influence  of  a  single  town  like 
New  Haven.  Not  to  speak  of  the  intellectual  fcrces  wliicli  have  gone 
forth  from  that  local  republi<',  from  its  vigorous  church-life  and  from 
Yale  College,  horn  of  the  Church,  New  Haven,  like  her  jNIother 
England,  is  the  parent  of  a  witle-spread  colonial  system,  not  unworthy 
of  conij)ari.«on  with  that  of  Greek  cities. 

The  volume  now  ready  com])rises  .']42  jiages  octavo,  with  various 
diagrams  and  an  index.  It  will  be  sold,  neatly  bound  in  cloth,  at 
$2.00.  Subscribers  to  the  Stidijcs  can  obtain  at  redu('ed  rates  this 
new  volume,  bound  uniformly  with  the  Fiivt,  Second,  Third,  and 
Fourth  Series. 

Other  Extra  Voi.rMKS  will  be  announced  when  they  are  ready  for 
subscription.     Address 

N.  MURRAY, 

PuhlimUon  A'jent,  Johns  Hopkins  UniversitT/, 

Baltimore,  Md. 


PHILADELPHIA 

1681-1887: 

A  History  of  Municipal  Development. 

By  Edward  P.  Allinson,  A.  M.,  and  Boieh  Penrose,  A.  B., 

OF  THE  nilLADKLPIIIA  BAR. 


"NVliilo  sovcral  ironcral  liustorics  of  Philiulclphia  luvve  boon  written, 
tliere  is  110  history  of  that  city  as  u  iminicipal  corporation.  Such  a 
Avork  is  now  offered,  l)ase(l  upon  the  Acts  of  Assembly,  the  City  Ordi- 
nances, tlic  State  Reports,  and  many  other  authorities.  Nunierous 
nmnuseripts  in  the  Pennsylvania  Historical  Society,  in  Public  Libra- 
ries, and  in  the  Departments  at  Pliiladelphia  and  Harrisburj^  have 
also  been  consulted,  and  important  facts  found  therein  are  now  for 
the  first  time  published. 

The  history  of  the  government  of  the  city  begins  with  the  medi- 
fcval  charter  of  most  contracted  character,  and  ends  with  the  liberal 
provisions  of  the  lirform  Ad  of  18S.'>,  It  furnishes  illuslrations  of 
almost  every  phase  of  nuinicii)al  development.  The  story  cannot 
fail  to  interest  all  those  who  believe  that  the  question  of  better  gov- 
ernment for  our  great  cities  is  one  of  critical  importance,  and  who 
are  aware  of  the  fact  that  this  question  is  already  receiving  wide- 
spread attention.  The  subject  had  become  so  serious  in  1870  that 
Governor  Hartranft,  in  his  message  of  that  year,  called  the  attention 
of  the  Legislature  to  it  in  the  following  succinct  and  forcible  state- 
ment :  "  There  is  no  political  problem  that  at  the  present  moment  occa- 
sions 80  much  just  alarm  and  is  obtaining  more  anxious  thoayht  than 
the  government  of  cities." 


PRICE. 

The  volume  comprises  about  350  pages,  octavo,  and  will  be  sold, 
bound  in  cloth,  at  So;  in  law-sheep  at  $3.50;  and  at  reduced  rates 
to  regular  subscribers  to  the  "  Studies." 

Orders  and  subscriptions  should  be  addressed  to  Tnrc  Publica- 
tion Agency  of  the  Joiixs  HorKixs  Univeusity,  Baltimoke, 
Maryland. 


Baltimore 

AND    THE 

Nineteenth  of  April,  i86i. 

A.    Study   of  the  "War. 
By  GEORGE  WILLIAM  BROWN, 

Chief  Judge  0/  the  Supreme  Bench  0/  Baltimore  and  Mayor  of  the  City  in  mi. 


The   Editor  of  the  Johns  HopJdns  Uihn'dUj  Shidics  hi  His- 
torical and  PoUticaJ  Science,  annouiu'cs  the  above  ^vork  Avhieh  was 
publislie<l  in  March,  1887,  as  Extka  Volume  III  of  the  Series. 
The  position  of  Judge   Brown  as  I^Iayor  of  lialtin.orc  in  18G1 
aave  him  exceptional  opportunities  for  observing  and  understandn.g 
the  municipal  situation.     His  unflinching  devotion  to  official  dntr 
in  marching  through  Pratt  Street  at  the  head  of  the  ^Massachusetts 
Sixth  Ilegiment,  on  the  19th  of  April,  in  the  midst  of  a  furious 
mob,  will  inspire  confidence  in  his  account  of  the  events  of  that 
day.      Tiie    concurrent  testimony   of   Baltimoreans,    of  d.tf.sent 
political  opinions,  confirms  Judge  J3rown's  historical  statement  as 
the  most   accurate   that   has  thus  far  been  written.     The   events 
leadiu.v  to  the  19th  of  April  and  inuiiediately  following  ihat  date 
are  frankly  discussed.     Judge  Brown's  point  of  view  is  that  of 
many  leading  citizens  of  Maryland.     He  has  attempted  to  describe 
the  positi<.u  of  the  middle,  or  peace  party.     Ju<lge  Brown's  Study 
is  a  contributi<.u  to  a  better  understanding  of  the  state  of  society 
and  of  public  feeling  in  the  border  land  betwec-u  the  .North  and 
the  South  in  1801.     After  the  lapse  of  a  quarter  of  a  century, 
American  citizens  have  learned  to  hear  with  interest  and  :il)p.-eeia- 
tion  both  sides  in  the  story  of  battles  and  campaigns.     A  Mary- 
land view  of  past  Politics  may  serve  to  enlighten  the  Present  and 
instruct  the  Future. 


^ 


I 


The  following  table  of  eontonts  will  give  some  idea  of  the  nature 
and  seope  of  the  work  : 

COX  TP:  NTS. 

CHAPTER  r.  TNTimiHCTiON.— Tlie  First  Tiloorl  sbod  in  llio  "War— The 
supposed  IMot  to  Ass'irisitiiite  tlie  incoininj,'  Presidont. — Tiio  Midnight  Hide  to 
Washington. 

CIIAI'TKR  II.  The  comjtronuses  of  the  Constitution  in  regard  to  Slavery. — 
A  divided  House. — The  hrol<en  Compact. — Tiie  right  of  Hevoiiition. 

CHAPTER  III.  Maryland's  desire  for  Peaee.— Events  which  followed  the 
Election  of  President  Lincoln. — His  Proclamation  calling  for  Trooiis. — The  City 
Authorities  and  Police  of  Baltimore. — Increasing  excitement  in  llnlljinol-e. 

CHAPTER  IV.  The  Sixth  Massachusetts  llegiineut  in  llalllinurc.  tlio 
Fight. — The  dcijartnre  for  Washington. — Correspondence  in  ngard  to  ihc  Killed 
and  Wounded. — Puhlle  nieethtg. —  Telegrniu  tti  tlie  Weshlent. — No  Reply. — 
Burning  of  Hridges. 

CHAPTER  \'.  April  20lli,  increasing  Excitement.  —  Ap]>roj!riation  of 
$500,(100  for  defense  of  the  City. — Correspimdence  with  Presider.t  and  (iovernor. 
— ^len  Enridled. — Apprehended  Attack  on  Fort  McIIenry. — Marshal  Kune. — 
Interview  with  Presidi-iit,  Cabinet,  and  (leneral  Si'ott. — Ccrneral  Hutlcr,  with  the 
Eighth  Massachusett.s,  proceeds  to  Annapolis  and  Wuohington. — IJallimore  in  a 
state  of  armed  neutrality.  . 

CHAPTER  VI.  Session  of  the  CJeneral  A.sscmbly.— Report  of  the  Board  of 
Police. — Suppression  of  the  Flags. — On  the  Ath  of  May,  (Jeneral  Bntler  takes 
position  six  miles  from  Baltimore. — On  the  13ih  of  May  he  enters  Baltimore  and 
fortilies  Federal  Hill. — Tiie  General  Assembly  will  take  no  steps  towards  seces- 
sion.— Many  young  men  join  the  Army  of  the  Con.''edera  'y. 

CHAPIER  VII.  Chief  Justice  Taney  and  the  Writ  of  Habeas  Corpus.— 
A  Union  Convention. — ConHefjuence  of  the  Suspension  of  the  Writ. — Incidents  of 
the  War. — The  Women  in  the  War. 

CHAPTER  VIII.— General  Banks  in  Command.— Marshal  Kane  Arrested.— 
Police  Commissioners  Superseded. — Resolutions  passed  l)y  the  General  Assembly. 
— Police  Commissioners  Arrested. — Resolutions  passed  by  the  General  As.sembly, 
— General  Dix  in  Command. — Arrest  of  tiie  Members  of  the  General  Assembly, 
the  Mayor  and  others. — Release  of  Prisoners. — Colonel  Dimick. 

CHAPTER  IX.    A  Personal  Chapter. 

APPENDIX  I.  Account  of  the  alleged  conspiracy  to  assassinate  Abraham 
Lincoln  on  his  journey  to  Baltimore,  from  the  Life  of  Abraham  Lincoln  by  Ward 
H.  Lamon,  pp.  511-52(5. 

APPENDIX  11.  Extract  from  the  Opinion  of  the  Supreme  Court  of  the 
United  States,  delivered  by  Chief  Justice  Taney  in  the  ease  of  Dred  Scott  va. 
Sandford,  19  How.,  407. 

APPENDIX  III.  The  Habeas  Corpus  Case.  Opinion  of  the  Chief  Justice 
of  the  United  States,  ex  parte,  John  Merryman. 


APPENDIX  IV.  Messivpe  of  the  12tli  of  July,  1801,  to  the  first  nnd  second 
Briuiclies  of  the  City  (.oimi'il,  referring  to  tiie  events  of  th(^  IDtIv  of  Ai-ril,  and 
those  whieh  followed.  The  tirst  i)aragrii|.li  and  tiie  conelnding  paragraphs  of  tliis 
doeunient. 

APPENDIX  V.  As  a  part  of  the  History  of  the  Times,  Repnxhiction  from 
the  Haltiniore  Anieriean  of  DeceniI.er  o,  ISGO,  of  the  Heception  of  the  Putnam 
Phalanx  of  llartfonl,  <;onneetieut,  in  the  City  of  IJaltiniore. 

APPENDIX  VI.  Visit  of  a  Portion  of  tiie  Meml)ers  of  the  Sixth  Massachu- 
setts Uegimentto  Baltimore  on  the  l'.)th  of  Ai.ril,  1«8U,  and  an  Account  of  its 
Keeeption,  from  the  "  Dallimorc  Sun  "  and  the  "  Baltimore  American." 


I'RICE. 

Tlio  voliinio  will  oompriso  about  loO  paj^os,  octavo,  and  will  bo 
sol.l,  bound  in  flutli,  at  $1  ;  and  at  ivdn.rd  rat.s  to  n-oi.lar  sub- 
scribers to  till!  "Hludios." 

Orders  and  snkserlptiuns  Aan\\d  1,-  addressed  to  TiTE  Publica- 

TION    AdENCY   OE   THE    JoHNS    IIo  "KINS    UnIVEUSITV,    BALTI- 
MORE, Maiiylanp. 


MODERN  LANGUAGE  NOTES. 


A    MONTHLY    PUBLICATIOIN 

( fhr  tight  fiwnthn  in  tlie  year) 

DEVOTKD  TO  Till-:  ISTKRESTS 

OF    IIIK 

ACADEMIC  STUDY  OF  ENGLISH,  GERMAN, 

ANi>  Tirr. 

ROMANCE     LANGUAGES. 


A.  Marsham,  Klmott,  M<inaijin()  r'llilnr. 
Jamks  W.  liiiKiiiT,  JfMfH  CJ(;kiii;i-,  IIknuy  Ai-fkki)  Todd,  Asi^ociate,  Editors. 

This  is  a  iipw  mid  fcirccssfiilly-laiincliud  i/oilodiciil,  riiuimKi'd  liy  n  corps  of  |irori'»«iir.s  ami 
ilLitnu'loiK  ill  llii'  ,!(i!iii»'  lli>|ikiiiH  I  iii\ur!<i'y,  with  tlio  t'o-<i|)L'nilioii  nt'  iiiiuiy  ol'  lliu  luuiliiig 
collfgi!   iiroR'sMii^,  ill  llie  ilt!|iiirtiiieiil    d'  iii.iiIcmii   limmmn.'M,  llnoiiKJioiit  llic  Vouiiliy. 


yiUMI    I  jll  I  ll|i<^lll  ;   .^^IIWIUi^i    iiit^    ni   II    It  |Mi  ."^i 

I  iiioili'i'ii  laiiK>><iK>'  '<l>iili>'.'4,  bolli  ill  iioiiiu  ithil  iilMii.iil, 

liMl  of  ciiiitiiliulors  111  MoDKKN  I.ANiiir.vt.lc  Noilis,  in  addition  to  the  lylitors,  iiicliidvs,  to 
If  |iieM;iit  lliiii',  llif  lullowiiii,'  iiaiiU's:  — 
A.MiKJfsoN,  .Mki.vii.j.k  It,  Del'aiiw  L'liivcrslty,  Iiid.;  lt.\X(K(il-r,  T.  WmiiMi,  Ilnnvn  Uiiivor- 
ty,  K.  I.;  liAStti.iiVil.l,,  \V.  .M.,  Vuiidiil)ilt   riiivcr.<ily,  'I'.iiii.;  ItoniKii,  !■  kuiunaM),  llurvnrd 
I'liivfi-sily, 


til 


(iUAMKiKM,  (    llAlil.l 


llarviinl  Lnivcisiiy,  .Ma.->. ;  (ii  m.mi.uk,  I'.lt ,  TIiu  .-^wain  I'liu  Scliool', 
Oliio;    lli-.Ml'i,  lii;(i..  L'liivt'isily  of  (iiilliliKt'ii, 


*■•• -'■•      »       ...........        ^ J    J  J  ,       ..       ..,        ■ , a        ..-^.^ ,., 

Alun.1.;  IIaIji,  .1.  M.,  Iiiivrrhily  (d  (  iiiciniiali,  Oliio;  lli.Ml'i.,  lii;(i..  L'liivt'isily  oC  (iiilliiint'ii, 
Cieiiiiaiiy  ;  liiss,  II.  ('.  (» ,  1'riiii.vtoii  Colli'ni',  N.  .1. ;  vmn  .Iaukmann,  li.  C.  li.,  riilvcisity  ol  Indl- 
aiiii,  )ii(l.;  Kaiisikn,  <  ii  SI  AF,  Uiiivt'i-sily  ol  (ii-iiovii,  .swi/teilaiid  ;  l-ANd,  IIknkv  It.,  1  Iu^  Swain 
I'H'i' Scliool,  .Ma-;i. ;  Jj:ai;nk1),  ,M.  I>.,  .joliiih  ll<i|iliiiiH  luivt'r.iily,  .Md.;  Li;vil,  IJiw.  I'.,  Italli- 
luniv,  Md;  liiPlMAN,  A.,  Slato  Noiiiial  Sclmol,  .Mnii.;  .MuiiFiM,,  \V.  K.,  Uxloid,  Kii^laiid ; 
iii.-i'...i<    'I'       i..i...^    1 1.  ...!■;■. .1  1  i.iU'..  •■.  ill'     Mil   >    VI.  I.  11...^.      I..IIV  j:     n      I '  i.i. ......  i r  i>.... . .....!_ 


Cai.vi.v.  I  iiivfi>iiy  of  .Micliijjaii,  .Micii. ;  Wai.tku,  10.  I,.,  l'iiivci.silv  .<.  ..n.  i.i^^iiu,  ..nun.,  •>  au- 
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wicz,  C'asi.mik,  Yaiidiiliilt  Uiiivei-sity,  Teiin. 

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Johns  Hohkins  U.niveusity,  IUltimouu,  Md. 


COXTEXTS,  APlHh,  tSS7. 

Scheie  De  Vere,  M.— A  few  Virginia  Names  I. 
Davidson,  Thomas — Iiaiile   i'ext-Criticisni. 
Leyh,  Edward  F.  — Odiiis  Name  SauiujiUil. 
Briglit,  James  W. — Nule.son  the  Aiiiirnis. 
Stoddard,   Francis    H.— Accent  Collation  oi' 
Ctedinou's  Genetis  ii. 


REVIEWS. 

Cosquin,  Emmanuel.— Contcs  popiilaires  de 
Lorraine  (  /'.  /•;  train:.) 

Braune,  Wilhelm.— Altliochdoutsch'!  (iram- 
111,11  IK  (//.  c.  a.  lii-iiiiiit.) 

Brief  Mention,  Personal,  Obituary,  Jour- 
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lications Received. 


THIRD  SERIES.-Maryland,  VirginU  and 
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I.  Maryland's  Influence  upon  Land  Cessions  to  the  United  States. 
With  minor  papers  on  George  Washington's  Interest  in  Western  Lands, 
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JVtee76  etntt. 

Il-in.  Virs^lnla  Local  Institutions :— The  Land  System ;  Hundred ; 
Parish ;  County;  Town.  By  Edwajid  Inolk,  A.  B.  (J.  H.  U.)  Price 
75eent8. 

IV.  Recent  American  Socialism.    By  Richard  T.  Ely.    Priee  60  emit. 

V-VI-VII.  Maryland  Local  Institutions :— The  Land  Sytiem;  Hun- 
dred ;  County ;  Town.  By  Lewis  W.  Wn^HXLii,  Ph.  D.  and  Fellow 
by  Courtesy,  J.  H.  U.    Price  $1.00. 

VIII.  The  Influence  of  the  Proprietors  in  Founding;  the  State  of  New 
Jersey.    By  Profeswir  Austin  Scott  (Rutgers  College).    iVu5«  26  cento. 

IX-Z.  American  Constitutions ;  The  Relations  of  the  Three  Depart- 
ments as  Adjusted  by  a  Century.    By  Hobace  Davis.   Price  60 cento. 

XI-XII.  The  City  of  Washington.  By  J.  A.  Pobteb,  A.  B.  (T  Je}.  iVios 
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SECOND  SERIES.— Institutions  and  Economics.— 1884. 

I-II.  Methods  of  Historical  Study.    By  H.  B.  Adams.    Price  60  cetiU. 

III.  The  Past  and  the  Present  of  Political  Economy.     By  B.  T.  Ely. 

Price  36  cento. 

IV.  Samuel  Adams,  The  Man  of  the  Town  Meeting.    By  Professor  Jambs 

K.  HoSMER  (Washinpton  University,  St.  Louis).    Priee  35  cents. 

V-VI.  Taxation  in  the  United  States.    Br  H^nry  Carter  Adams,  Ph.  D. 

(J.  H.  U.);  University  of  Michigan.    Jrtce  60  cento. 
VII.  Institutional  Beginnings  in  a  Western  State.    By  Professor  Jesse 

Macy  (Iowa  College).    Price  25  cento. 
VIII-IX.  Indian  Money  as  a  Factor  in  New  England  Civilization.    By 

WlMilAM  B.  Webdkn,  a.  M.  (Brown  Univ.)    IVice  50  '•ente. 

X.  Town  and  County  Government  in  the  English  Colonies  of  North 

America.    By  Edward  Channtno,  Ph.D.  (Harvard).    I   ice  50  cento. 

XL  Rudimentary  Society  among  Boys.     By  John  Johnbon,  A.  B.  (J.  H. 

U.).    iVice  60  cento. 
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(J.  H.  U.) ;  Editor  of  the  Overland  Monthly.    Price  50  cento. 

FIRST  SERIES.— Local  Institutions.— 1883. 

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II.  The  Germanic  Origin  of  New  England  Towns.     By  H.  B.  Adams. 

With  Notes  on  Co-operation  in  University  Work. 

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— Local  Government  in  Pennsylvania-.    By  E.  R.  L.  Gould,  Ph.  D. 
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IV.  Saxon  Tithingmen  in  America.    By  H.  B.  Adams.   Priice  60  cento. 

V.  Local  Government  in  Michigan,  and  the  Northwest.   By  E.  W.  Bemib, 

Ph.  D.  (J.  H.  U.).    iVice  25  cento. 

VI.  Parish  Institutions  of  Maryland.   By  Edward  Ingle,  A.  B.  (J.  H.  U.). 

Price  40  cento. 

VII.  Old  Maryland  Manors.  By  John  Johnson,  A.  B.  (J.  H.  U).  Price 
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jonr s  HOPKINS  UKPmsfirrr  mmim 
Historioal  and  Politioal  Science. 

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HiBBBBT  E  Axuxa,  Editor. 


Th«4nt  uniMl  Mriworiaootlilj  mooagn|ihs  dvntUi  to  History.  FtolUki.  and 
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Pour  Tolomw  of  UniTcnIty  StodiM  Imt*  'imi  Ikr  AppMNd.  The  flnt  two  roU 
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